Arrow Rock Decision Announced but Concerns Remain
"The ruling yesterday by Cole County Circuit Court Judge Patricia Joyce regarding concentrated animal feeding operations improves upon her original decision however serious concerns remain," said Charles Kruse, president of Missouri Farm Bureau. "We are pleased the Judge modified her August ruling by clarifying it applies only to the proposed Gessling operation near Arrow Rock, Missouri; however, the fact is there remains no demonstrated need to impose a buffer over and above what is already required by state law, and this ruling could set a needless and harmful precedent."
The Gessling family has raised hogs in Saline County for many years. They decided to expand their farm operation and in doing so complied with all applicable laws and regulations. The amended ruling by Judge Joyce specifies that no concentrated animal feeding operation which may be proposed by the Gessling family or their successors can be located within two miles of the Village of Arrow Rock and the Sappington Cemetery State Historic Site. Link
The ruling at Arrow Rock was an incredible display of judicial activism. While the clarified ruling helped some, the fact remains that agriculture is under attack by the actions of this single judge.
Showing posts with label Judge Joyce. Show all posts
Showing posts with label Judge Joyce. Show all posts
Thursday, December 11, 2008
Thursday, October 2, 2008
Missouri Agriculture Families Defending Livelihood
DNR asking circuit judge to reconsider CAFO ruling w/ motions to stay and vacate, and related court documents
September 30, 2008 08:25 pm— By Wally Kennedy wkennedy@joplinglobe.com
The Missouri Department of Natural Resources is asking Cole County Circuit Judge Patricia Joyce to reconsider her decision to prohibit construction of concentrated animal feeding operations within 15 miles of Missouri’s state parks and historic sites.
The department, using law firms in Jefferson City and Columbia, has filed several motions in seeking relief from the court.
The department has filed a motion for a stay of the judgment. If that motion is denied, the department filed alternative motions to vacate the judgment or dismiss the case, to vacate the judgment and reopen the case, to grant a new trial, or to correct, amend or modify the judgment.
The Missouri Farm Bureau Federation has filed a motion to intervene, according to the court docket. Read More
This case could have some very significant ramifications on farming and ranching families if it is allowed to stand. There is concern that this ruling could mean that there can be no feeding operations within 15 miles of any state park or historical site in the state. The judges ruling also had other items in it that need to be addressed. Judicial activism is definitely a problem in this country and hopefully farming and ranching families will not be one of it’s latest victims.
September 30, 2008 08:25 pm— By Wally Kennedy wkennedy@joplinglobe.com
The Missouri Department of Natural Resources is asking Cole County Circuit Judge Patricia Joyce to reconsider her decision to prohibit construction of concentrated animal feeding operations within 15 miles of Missouri’s state parks and historic sites.
The department, using law firms in Jefferson City and Columbia, has filed several motions in seeking relief from the court.
The department has filed a motion for a stay of the judgment. If that motion is denied, the department filed alternative motions to vacate the judgment or dismiss the case, to vacate the judgment and reopen the case, to grant a new trial, or to correct, amend or modify the judgment.
The Missouri Farm Bureau Federation has filed a motion to intervene, according to the court docket. Read More
This case could have some very significant ramifications on farming and ranching families if it is allowed to stand. There is concern that this ruling could mean that there can be no feeding operations within 15 miles of any state park or historical site in the state. The judges ruling also had other items in it that need to be addressed. Judicial activism is definitely a problem in this country and hopefully farming and ranching families will not be one of it’s latest victims.
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