Richland Township vs. KENOMA LLC, Part II

The Lamar Democrat reports that, the dispute between the Richland Township Board and Kenoma LLC entered Barton County Circuit Court, Monday, July 9, 2007, as the board filed a petition for a temporary restraining order and injunctive relief. Kenoma LLC is in the process of constructing a confined animal feeding operation (CAFO) on Southeast 60th Road but has not reached the point of installing concrete structures. The township board alleges the intended project of Kenoma LLC is in violation of provisions of Section 5 of the township’s planning and zoning handbook, adopted April 30, 2007 and amended May 21, 2007.

During the hearing before Circuit Judge James Bickel, Kenoma LLC contended that Missouri law prohibits townships from regulating farm buildings or farm structures. A case from Putnam County ending in the Missouri Supreme Court was cited in which finishing buildings and livestock sewage lagoons were defined as farm structures. Richland Township is represented by attorney John Price of Springfield. Kenoma LLC’s legal counsel is Robert Brundage of Jefferson City. Judge Bickel took the case under advisement and indicated that a decision on issuing a temporary restraining order may be expected by Wednesday, July 11. The court set August 1 for a hearing on a petition for a preliminary injunction.