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BORRON v. FARRENKOPF

No. WD 56648.

5 S.W.3d 618 (1999)

Jeremy and Janice BORRON, Appellant, v. Buck FARRENKOPF, Becky Thudium and Jim Libby In Their Capacity as the Board of County Commissioners of Linn County, Missouri and Linn County, Missouri and State of Missouri, Amicus Curiae, Respondents,

Missouri Court of Appeals, Western District.

November 23, 1999.

Attorney(s) appearing for the Case

George P. Coughlin, Kansas City, for Appellant.

S. Mark White, Freilich, Leitner & Carlisle, Kansas City, for Respondents.

Jeremiah W. (Jay) Nixon, Atty. Gen., William J. Bryan, Asst. Atty. Gen., Jefferson City, for amicus curiae State of Missouri.

Before: Presiding Judge HAROLD L. LOWENSTEIN, Judge FOREST W. HANNA and Judge LAURA DENVIR STITH.

LOWENSTEIN, Judge.

At issue in this case is the ability of a third class Missouri county to enact an ordinance establishing health regulations governing the operation of large concentrated animal feeding operations (CAFOs) within the county. The plaintiffs-appellants (Borrons) own a 1,120-acre tract in Linn County and want to conduct a hog finishing operation involving some 18,000 hogs, as well as a farrow to feeder pig operation involving some 2,750 sows. The respondents...

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