Source: http://myjournalcourier.com, May 26, 2016
By: Nick Draper
Jurors rejected a call for $7.5 million in damages in a precedent-setting lawsuit against a commercial hog-feeding operation, awarding nothing to those who argued their health and community were being endangered.
Ten people filed the civil complaint in 2014 against the Scott County concentrated animal feeding operation — commonly called a CAFO. The lawsuit targeted those who own hogs at the site, including Sandstone North, Hollis Shafer, Genesis Pork, Illini Pork and others. For three weeks, attorneys have been arguing whether the operation was properly managing dust, odors and flies and whether it was inhibiting the ability to enjoy personal property surrounding the facility.
The facility, in the northwest corner of Scott County, has brought in more than 15,000 hogs and produces around 28 million gallons of waste each year, according to court records.
Defense attorney Stephen Kaufmann said the case is particularly important in Illinois because it is believed to be the first of its kind — known as “private temporary nuisance” — to go through the courts. Those who sued were not seeking any type of injunctive to close the facility. Several similar cases are pending statewide.
In closing arguments this week, attorney Richard Middleton argued the plant had caused a great deal of harm to the community in its 6½ years in business because of what he called negligent practices.
Middleton said the size of the facility and its proximity to those in the community were to blame for odor, dust and gasses. He also maintained the facility was improperly disposing of animal carcasses and failed to install filters in the pit fans, which exacerbated the pollution.
Feed operation users argued that those suing had failed to meet the burden of proof that there was a substantial invasion of privacy and an intentional or negligent invasion of property. Four witnesses were called who lived near the facility and testified the smells were intermittent and “not unreasonable.”
The Illinois Department of Agriculture approved the location for the facility, its design and the construction of the buildings. Kaufmann said representatives of the department regularly stopped in to oversee construction before the facility opened in 2007.
Ted Funk, a retired University of Illinois professor called as an expert witness, concluded that the facility was using “best management practices” in its operation. Funk also dismissed claims that bio-filters were an industry standard and in fact were in the experimental stages and not commercially feasible.
Regarding the disposal of animal carcasses, the Illinois Environmental Protection Agency and the Illinois Department of Agriculture investigated in December 2007 and January 2008 and found the facility could improve its methods of disposal. However, the agency determined the carcasses could not have been smelled off-site.
For three weeks, the trial carried on before the jury began deliberations Tuesday. An hour and 15 minutes after beginning, jurors returned with their decision that the plaintiffs were to receive none of the requested damages.
“The fact that a jury in Scott County concluded that the defendants should win sends an important message to the plaintiff’s attorneys: These cases are very difficult to win,” Kaufmann said. “[Their quick deliberation] sends a clear message to the plaintiffs that the jury did not think their case had any merit. Frankly, it exceeded my wildest expectations.”
An appeal of the decision could be filed within 30 days, but had not been filed by Wednesday.