By Wally Kennedy

wkennedy@joplinglobe.com

Richland Township in Barton County will attempt to convince the Missouri Court of Appeals, Southern District, on Thursday that it has the right under state law to regulate land-use areas as they relate to factory hog farms.

In April 2007, 81 percent of the 206 Richland Township residents who cast ballots voted to enact zoning regulations amid rumors that a large hog farm was moving into the community near Lamar. It was the highest voter turnout in the history of the township.

Kenoma LLC started work on a 2,400-hog farm in June 2007, and the township sued the company in July, alleging violation of township rules.

Kenoma is a farmer-owned company contracting with Synergy, a pork producer with offices in Lamar and Sully, Iowa. Kenoma raises nursery pigs to be finished in Iowa. Kenoma owns the structures and employs workers; Synergy owns the hogs.

The suit was heard in Barton County Circuit Court by Judge Carl Gum, who was appointed by the Missouri Supreme Court to hear the case after Circuit Judge James Bickel bowed out because of a prior commitment.

Gum ruled in favor of Kenoma and against the Richland Township Board.

According to a ruling Gum released in December 2007, the 2,400-hog farm has the right to operate, even if those operations violate the township’s zoning regulations.

Gum cited a zoning exemption for “farm structures,” and an alleged violation of the Missouri Sunshine Law by the township board and zoning board as reasons for his ruling.

Francis Forst, one of owners of Kenoma, was so confident he would get a ruling in his favor that he continued work on the $3 million hog farm even after the lawsuit was filed by the township.

“It’s a very good day for agriculture in Barton County,” Forst said after the ruling. “I appreciate our legal system that protects what I can do on my private property.”

Gregory Harris, chairman of the Richland Township Planning and Zoning Board, said last week that it is imperative that the residents of the township be given the right to control where factory farms locate “since the state is incapable of enacting reasonable and fair standards.”

On Thursday in Springfield, the township will be represented by John Price, a Springfield attorney who specializes in environmental law. Price represented the township before Gum.

Robert Brundage, legal counsel for the Missouri Agribusiness Association, represented Kenoma in the lawsuit. He will represent the company at the appellate level.