Premium Standard Farms, Inc. v. Lincoln Township

PRICE, Judge.

We are called upon to determine whether Lincoln Township’s actions imposing setback and bonding requirements on Premium Standard Farms livestock sewage lagoons and setbacks on its finishing buildings exceed the township’s statutorily granted zoning powers. We hold that they do. We also find that Lincoln Township has no power to commence a public nuisance action. We therefore affirm the trial court’s judgment.

I. FACTS

Appellant/Plaintiff Premium Standard Farms, Inc. (Premium), is a Missouri corporation engaged primarily in the business of hog farming. On April 6, 1994, Premium…