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COUNTRYCLUB HOMES v. MO. DEPT. OF NATURAL

WD 82476 Consolidated with WD 82477.

591 S.W.3d 882 (2019)

COUNTRYCLUB HOMES, LLC and Valley Oaks Real Estate, LLC, Appellants, v. MISSOURI DEPARTMENT OF NATURAL RESOURCES, Missouri Clean Water Commission, Lone Jack Neighbors for Responsible Agriculture, Powell Gardens, Inc., Elizabeth Deich, Ryan Deich and the Robert M. Chamness Trust, Collectively Known as the Powell Parties, Respondents.

Missouri Court of Appeals, Western District.

Filed: December 24, 2019.

Attorney(s) appearing for the Case

Jennifer Griffin , Douglas E. Nelson , Jefferson City; Jean P. Bradshaw, II , Kansas City for appellants.

Jennifer L. Hernandez , Shawna M. Bligh , Timothy P. Duggan , Charles W. Hatfield , Aimee D. Davenport , Jefferson City; Stephen Jeffery , Chesterfield; Matthew D. Moderson , Brett A. Shanks , Kansas City for respondents.

Before Division Four: Karen King Mitchell, Chief Judge, Presiding, Lisa White Hardwick and Cynthia L. Martin, Judges.

Countryclub Homes, LLC and Valley Oaks Real Estate, LLC (collectively, "Valley Oaks") appeal from the decisions of the Clean Water Commission ("CWC") in two cases to deny Valley Oaks's permit application for a concentrated animal feeding operation ("CAFO") in Johnson County. In case number WD82476 ("Lone Jack case"),...

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