Western District Court of Appeals affirms decision, potentially opening the way for CAFO in southwest Grundy County


Online court information shows a ruling has been issued regarding a CAFO that has been proposed for southwest Grundy County. Docket information reports

the Western District of Missouri, Court of Appeals, has affirmed a decision by the Missouri Clean Water Commission which (in November 2017) had

approved a permit for a Concentrated Animal Feeding Operation (also known as CAFO).

The ruling shows a majority opinion to affirm was issued by the appeals court on Wednesday at Kansas City.

One year ago, (January 10, 2018) documents were filed with the Western district court of appeals by a local and area group known as Hickory Neighbors United Incorporated which had sought a judicial review of the Clean Water Commission decision. The CAFO has been proposed by Trenton Farms R-E for land it owns in the Hickory area. The proposed hog farm has been the subject of several legal battles.

Attorneys and stakeholders for Hickory Neighbors have contended, in part, that the manure storage structures for the CAFO are located within a 100 year flood plain.

In its ruling, the appeals court determined the Trenton Farms CAFO buildings are protected from inundation or damage during a 100-year flood event because their elevation is ABOVE the base, flood level elevation; and because low water velocity will negate erosion concerns.

A spokesperson for Hickory Neighbors says the group plans on submitting an appeal to the Missouri Supreme Court.