Wed, Feb 10 2010
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Published July 18, 2009 10:21 pm - A Cedar County couple, Ed and Ruth McEowen, have received a record settlement of $1.1 million after filing a nuisance suit against the operators of a hog farm. But, in another legal battle involving concentrated animal feeding operations, a court battle has ended after an appeal by a Barton County township to the Missouri Supreme Court has been denied. Cedar County couple win settlement against hog CAFO
By Wally Kennedy wkennedy@joplinglobe.com A Cedar County couple, Ed and Ruth McEowen, have received a record settlement of $1.1 million after filing a nuisance suit against the operators of a hog farm. But, in another legal battle involving concentrated animal feeding operations, a court battle has ended after an appeal by a Barton County township to the Missouri Supreme Court has been denied. The settlement from the Jerico Springs couple and the decision on the case filed by the Richland Township Board of Directors were both announced last week. Cedar County case In 1998, wooded land near the McEowens was cleared to construct a corporate hog farm to house 7,500 pigs. In 2005, the couple sued the operators of the hog farm. Last week they learned of the settlement. “This is basically an atomic bomb when it comes to this type of case,’’ said Charlie Speer, the Kansas City attorney who led a team of trial lawyers in representing the McEowens. “There are over 400 nuisance cases like this one pending in Missouri, including 50 in Southwest Missouri,’’ Speer said. “This $1.1 million settlement sets the bar for future settlements.’’ The suit was filed against Missouri Farmers Association (MFA), which supplied the hogs, and its insurer, Missouri Farm Bureau. Also sued were North View Swine Co., Tri-County Swine and the contract growers, Douglas and Edith Mullings, who did not live near the hog CAFO. The settlement prevents the hog farm from any future odor releases that might negatively impact the McEowens. The case revealed that one of the six barns constructed for the hog CAFO was built without a required construction permit. The barns were built closer than 1,000 feet to the McEowen’s home in clear violation of regulations maintained by the Missouri Department of Natural Resources. The hog CAFO operated for six years without a permit. Richland appeal denied 
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