Effective August 28, 2011, Mo. Rev. Stat. Ch. 537.296 replaced the common law of private nuisance to bar recovery for non-economic damages caused by an alleged ag nuisance. A contract hog production operation was sued on a nuisance theory for odors and other "hazardous emissions" that allegedly substantially impaired the plaintiffs' use and enjoyment of their property. The plaintiffs made no claims that the odors, etc., caused any reduction in the value of their properties. Instead, the plaintiffs challenged the constitutionality of the law. The court rejected the multiple constitutional claims because the law was tied to the legitimate state interest of promoting the agricultural economy and protecting it from frivolous lawsuits. Labrayere, et al. v. Bohr Farms, et al., 458 S.W.2d 319 (Mo. 2015).
Ag Nuisance Statute Upheld Against Constitutional Challenge.
Date of decision:
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