MENU
component-ddb-728x90-v1-01-desktop

Appeals court: Reverse circuit decision that halted Callaway hog operation

A Missouri appeals court has ordered a local circuit court to reverse its decision on rejecting a permit for a hog farm. (MGN Online)

A Missouri appeals court has ordered a local circuit court to reverse its decision on rejecting a permit for a hog farm.

Circuit Judge Daniel Green had ruled that a 'final decision' by the Clean Water Commission to grant a permit to a Callaway County hog operation was not final because it did not receive the required number of votes to legally approve the permit.

The Friends of Responsible Agriculture had filed a proceeding in the Cole County Circuit Court , seeking mandamus relief to prevent the Clean Water Commission from issuing Callaway Farrowing a permit to operate. Although five members of the commission, a number representing a quorum, were present for the vote, only three members voted to approve the permit. The Friends organization argued that a 3-2 vote by the commission was ineffective because state law says that any decision regarding the permit requires at least four votes.

The Missouri Court of Appeals, Western District, said Tuesday, "the circuit court erred in issuing a writ of mandamus because the Friends organization had an available statutory remedy by petitioning for judicial review of the Commission's permit decision."

The Clean Water Commission met in October to decide whether to issue Callaway Farrowing, LLC, a permit to build an operation that would house some 10,000 pigs on 20 acres of land in rural Callaway County.

The appeals court opined that rather than invoking the statutory review procedure of the commission's vote, the Friends organization filed a non-statutory mandamus proceeding in the Cole County Circuit Court.

"We...remand the case to the circuit court with instructions to deny the Friends' petition."

Trending