LABRAYERE v. BOHR FARMS, LLC

No. SC 93816.

458 S.W.3d 319 (2015)

Linda LABRAYERE as Trustee of the Don E. Labrayere Trust, et al., Appellants, v. BOHR FARMS, LLC, et al., Respondents.

Supreme Court of Missouri, en banc.

Opinion issued April 14, 2015.


Attorney(s) appearing for the Case

The property owners were represented by Anthony L. DeWitt, Edward D. Robertson Jr. and Mary Doerhoff Winter of Bartimus Frickleton Robertson & Goza PC in Jefferson City, (573) 659-4454; and Charles F. Speer, Peter B. Bieri and Charles D. Miller Jr. of the Speer Law Firm PA in Kansas City, (816) 472-3560.

Bohr Farms was represented by D. Keith Hanson of Paule, Camazine & Blumenthal PC in St. Louis, (314) 244-3628.

Cargill Pork was represented by Jacob D. Bylund of Faegre Baker Daniels LLP in Des Moines, (512) 248-9000.

The state attorney general, who filed a brief as a friend of the Court, was represented by Solicitor General James R. Layton and Thomas M. Phillips of the attorney general's office in Jefferson City, (573) 751-3321.

The National Pork Producers Council and Missouri Farmers Care, which filed a brief as friends of the Court, were represented by Jean Paul Bradshaw II, Kurt U. Schaefer and Chad E. Blomberg of Lathrop & Gage LLP in Kansas City, (816) 292-2000; and Eugene E. Matthews III and Tennille J. Checkovich of McGuire Woods LLP in Richmond, Virginia, (804) 775-1000.


Several landowners and other individuals (Appellants) filed suit against Cargill Pork LLC and Bohr Farms (Respondents) alleging damages for temporary nuisance, negligence, and conspiracy due to alleged offensive odors emanating from a concentrated animal feeding operation (CAFO) owned and operated by Bohr Farms. Appellants...

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