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Hanes v. Continental Grain Co.
Missouri Court of Appeals
58 S.W.3d 1 (2001)
Facts
Continental Grain Company (Continental) (defendant) operated hog farms in northwest Missouri. 108 residents of property close to four of Continental’s farms (plaintiffs) sued Continental for temporary nuisance. The residents alleged that insects, contaminated water, and odors coming from the hog farms unreasonably impaired the residents’ use and enjoyment of their properties. At trial, the plaintiffs presented evidence of many practices and technologies that Continental could use to reduce the insects, water contamination, and odor of its farms. Additionally, the plaintiffs presented evidence that it would be economically feasible for Continental to implement these methods and techniques. The jury found in favor of 52 of the plaintiffs, awarding them $100,000 each in damages. Continental moved for judgment notwithstanding the verdict, and the trial court denied the motion. Continental appealed. On appeal, Continental argued that the plaintiffs failed to present evidence that the nuisance was abatable, and consequently could not be a temporary nuisance. Additionally, Continental argued that any plaintiffs who did not own the land they lived on failed to state a claim for nuisance.
Rule of Law
Issue
Holding and Reasoning (Sullivan, J.)
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