Opponents of large hog farm back in court

COLUMBIA, Mo. -- A group trying to stop a large hog farm from opening in mid-Missouri will be back in court today, asking a judge to void a state permit for the project.

Friends of Responsible Agriculture has been fighting for two years against Callaway Farrowing LLC's proposal to put 10,000 pigs on 20 acres in western Callaway County.

Today, the group will ask Cole County Circuit Judge Daniel Green for an order voiding a 3-2 vote Oct. 5 by the Clean Water Commission approving a permit for the farm, The Columbia Daily Tribune reported.

Only three members of the seven-member commission supported the permit, but four votes are required by law, lawyer Stephen Jeffery wrote in a court pleading that will be argued today.

"I think the language of the statute speaks for itself," Jeffery said. "If it says all final decisions have to be approved by four commissioners, how can you argue with that?"

Callaway Farrowing LLC and the commission argue if four votes are required, Green should reverse an earlier ruling that barred two of seven commissioners from participating in the vote.

That left the commission with only five members and, with two members opposed, the commission had only three members who could vote to approve the permit.

Alicia Turner, a lawyer for Callaway Farrowing, argued in a pleading Friends of Responsible Agriculture should not be allowed to sue because it has no interest in the farm, the court has no jurisdiction because other remedies have not been tried, and an earlier lawsuit filed by the group created the current problem.

Eichelberger Farms Inc. of Wayland, Iowa, in June 2014 notified nearby landowners it intended to seek a permit. Friends of Responsible Agriculture has used public meetings and legal action since then to delay construction of the farm.

Callaway Farrowing LLC is the subsidiary created to operate the farm.

Green issued a temporary restraining order when the group sued after the Oct. 5 vote, ordering Callaway Farrowing not to do any work at the site while the case is pending.

In July, Green ordered commissioners Todd Parnell and Ashley McCarty not to vote on the permit because they violated their duty to be impartial by visiting the Callaway Farrowing site. That action potentially gave them information not on the legal record, Green ruled.