PREMIUM STANDARD FARMS, INC. v. LINCOLN TP.

No. 79107.

946 S.W.2d 234 (1997)

PREMIUM STANDARD FARMS, INC., Appellant-Respondent, v. LINCOLN TOWNSHIP OF PUTNAM COUNTY and Dana Mathes, Respondents-Appellants.

Supreme Court of Missouri, En Banc.

Rehearing Denied June 17, 1997.


Attorney(s) appearing for the Case

Robert Schultz, Mary B. Schultz, St. Louis, for Appellant-Respondent.

Patrick E. Richardson, Green City, for Respondents-Appellants.

Jeremiah W. (Jay) Nixon, Attorney General, James R. Layton, Deputy Chief Counsel, Mark E. Long, Assistant Attorney General, Jefferson City, for Intervenor Respondent-Appellant.


PRICE, Judge.

We are called upon to determine whether Lincoln Township's actions imposing setback and bonding requirements on Premium Standard Farms livestock sewage lagoons and setbacks on its finishing buildings exceed the township's statutorily granted zoning powers. We hold that they do. We also find that Lincoln Township has no power to commence a public nuisance action. We therefore affirm the trial court's judgment.

I. FACTS

Appellant...

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