Legal Opinion

Linda Labrayere as Trustee of the Don E. Labrayere Trust v. Bohr Farms, LLC

Supreme Court of Missouri

Decided April 14, 2015No. SC93816PublishedCited by 19 opinions

1Opinion of the CourtRichard B. Teitelman, Judge

Several landowners and other individuals (Appellants) filed suit against Cargill Pork LLC and Bohr Farms (Respondents) alleging damages for temporary nuisance, negligence, and conspiracy due to alleged offensive odors emanating from a concentrated animal feeding operation (CAFO) owned and operated by Bohr Farms. Appellants alleged that their damages for temporary nuisance consisted solely of the loss of use and enjoyment of their property. Appellants admitted that they were not claiming damages for diminution of rental value or documented medical conditions as authorized by section…

2Cases cited39 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  4. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  5. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987

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3Cited by19 opinions

  1. William Dieser, Respondent/Cross-Appellant v. St. Anthony's Medical Center, Appellant/Cross-Respondent.Supreme Court of Missouri · 2016
  2. Morgan HONOMICHL, Robin Honomichl, Timothy Honomichl, Deb Chance, Kara Chance, Karen Jo Frescoln, Mike Merrill, and Q.H., Appellee, v. VALLEY VIEW SWINE, LLC and JBS Live Pork, LLC, Appellants.Supreme Court of Iowa · 2018
  3. Janet S. Delana, Individually, and as the Wife of Decedent Tex C. Delana v. CED Sales, Inc. d/b/a Odessa Gun & Pawn, Charles Doleshal, and Derrick DadySupreme Court of Missouri · 2016
  4. State ex rel. Hawley v. Pilot Travel Ctrs., LLCSupreme Court of Missouri · 2018
  5. Hill v. AshcroftMissouri Court of Appeals · 2017

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