Judge rules against Callaway County hog farm vote

A Cole County judge ruled the vote for a Callaway County hog farm permit was illegal Wednesday.

For two years, ABC 17 News has reported on Callaway Farrowing, LLC’s plans for the farm. Area residents have also voiced their concerns, that include manure runoff, during that time.

In July, ABC 17 News reported a judge ruled two commissioners could not participate in the Missouri Clean Water Commission’s vote because they drove by the proposed site without telling the public.

Three months later, the Commission approved Callaway Farrowing’s proposed plans for the farm in a 3-2 vote. That vote quickly came into question by non-profit group Friends of Responsible Agriculture, or FoRAG, who said the vote was not legal.

A judge granted a temporary restraining order that halted any construction at the proposed location for the farm on October 6.

This Wednesday, Judge Daniel Green ruled the Missouri Clean Water Commission’s vote failed to comply with state law because it required four “yes” votes to legally pass and only received three “yes” votes from the Commission.

“Because Respondent-Bennett failed to announce that the motion failed and because Respondent-Bozoian and the Commission subsequently issued Exhibit 3 stating that the motion was approved when such motion had failed, Respondent-Bennett, Respondent-Bozoian, and the Commission have acted unlawfully and abused their discretion,” Judge Green said in court documents.

Judge Green went on to say that because the motion for the farm did not get the four “yes” votes, there is no “final decision” of the Clean Water Commission.

He then ordered Commission Chairman Buddy Bennett to announce at the next meeting that the motion to approve the permit failed because a lack of four “yes” votes. That meeting is scheduled for January 11, 2017.

The vote is expected to go back to the Commission who can vote at a future meeting on the issue.