Hanes v. Continental Grain Co.
Missouri Court of Appeals
58 S.W.3d 1 (2001)
Continental Grain Company (defendant) operated hog farms in northwest Missouri, and 108 nearby residents (plaintiffs) sued for temporary nuisance, alleging insects, contaminated water, and odors unreasonably impaired their use and enjoyment of their properties. Plaintiffs presented evidence of economically feasible practices and technologies Continental could adopt to reduce these problems. The jury found for 52 plaintiffs, awarding $100,000 each; the trial court denied Continental's motion for judgment notwithstanding the verdict. Continental appealed, arguing plaintiffs failed to show the nuisance was abatable and that non-owner plaintiffs could not state a nuisance claim.
Whether a nuisance must be abatable in order to be considered temporary.