Login | Register
Fair ~ 37°F  
[Marshall Democrat-News]
Marshall, Missouri ~ Saturday, November 22, 2008
Print Email link Respond to editor Read comments (3)

Farm Bureau, DNR file motions in CAFO ruling

Wednesday, September 24, 2008

The Missouri Farm Bureau Federation and the Missouri Department of Natural Resources have filed motions in the lawsuit seeking to stop a concentrated animal feeding operation (CAFO) from being built two miles from Arrow Rock.

The Farm Bureau issued a news release late Tuesday, Sept. 23, announcing that it had filed a "motion to intervene" and a proposed motion for reconsideration of a Cole County Circuit Court ruling that prohibits CAFOs from transporting, depositing or spreading manure as fertilizer within 15 miles of Arrow Rock, its nearby state historic site and National Register-listed Prairie Park.

DNR, which is a defendant in the suit, filed a motion Tuesday "to vacate and to set aside the judgment ... or dismiss the case ... or grant a new trial ... reopen the case and/or grant a new trial," according to unofficial court records on the Web.

The motions are in response to the ruling issued on Monday, Aug. 25, by Cole County Associate Circuit Judge Patricia Joyce on a suit by Friends of Arrow Rock, the village of Arrow Rock and the Missouri Parks Association against the Missouri Department of Natural Resources and its director, Doyle Childers.

"We are concerned that this ruling could be interpreted broadly and result in very serious harm to Missouri agriculture," said Missouri Farm Bureau President Charlie Kruse in the release.

"We hope that the action we have taken today will provide an opportunity to present our concerns in court."

According to the press release, by its motion, the Missouri Farm Bureau "seeks to intervene in this action post-judgment as the scope of the judgment purportedly affects the property rights and farm operations of its members who operate CAFOs within or near a 15-mile radius of the Village of Arrow Rock and surrounding State Historic Sites."

The supporting arguments for the motion to intervene include the following points:

--Persons not involved in the lawsuit are potentially affected by this ruling;

--The lawsuit specifically requested a court ruling revoking a permit for construction and operation of a certain CAFO.;

--No construction occurred and the permit for the proposed construction expired;

--And no evidence was presented supporting a 15-mile buffer surrounding Arrow Rock.

Richard Miller, attorney for the plaintiffs in the case, said he would file responses to the motions. He noted that in spite of the Aug. 25 ruling, DNR continues to grant permits for CAFOs within 15 miles of state parks and historic sites.

"It was a well-written opinion," he said of Joyce's ruling. "The judge looked at the law" which requires DNR "to protect state parks and historic sites -- and they are permitting these CAFOs."

He said the decision has "made DNR accountable."

According to online court records a motion hearing has been scheduled for 1:30 p.m. Monday, Oct. 6, to be presided over by Joyce.


Comments
Note: The nature of the Internet makes it impractical for our staff to review every comment. If you feel that a comment is offensive, please Login or Create an account first, and then you will be able to flag a comment as objectionable.

Evidently you Michigan folks do not survive from any farm income, or farm related product (i.e. food) or you would not be so quick to appricitate her efforts in making farmers struggle to survive!

-- Posted by litlmissme on Wed, Sep 24, 2008, at 3:22 PM

This is good news. A 15 mile buffer is completely insane and shows just how out of touch the judge really was.

-- Posted by outsider on Wed, Sep 24, 2008, at 10:03 AM

Congratulations to the JUDGE for standing up for what is right!!! Please go to www.factoryfarms.org or www.nocafos.org to see the facts about CAFOs!!!

Thank You Judge Joyce,

You are a HERO!

FAMILY FARMERS from Michigan

-- Posted by tigerpaw@tds.net on Wed, Sep 24, 2008, at 6:00 AM


Respond to this story

Posting a comment requires free registration. If you already have an account on this site, enter your username and password below. Otherwise, click here to register.

Username:

Password:  (Forgot your password?)

Your comments:
Please be respectful of others and try to stay on topic.

 

Fitz Hosp LR