Source:  Lisa M. Keefe, MEATINGPLACE, 6/23/11

A jury in DeKalb County, Missouri, on Wednesday found in favor of defendants Smithfield Foods Inc. and its Premium Standard Farms unit in a case over whether the odor from a PSF hog production facility in neighboring Daviess County created a nuisance that damaged the plaintiff’s “use and enjoyment” of his Daviess County farm.

The jury only deliberated for about an hour, according to a report in the Gallatin North Missourian. No damages were awarded.

"We are very pleased that the jury found that PSF's Scott-Colby Farm did not create a nuisance over the eleven and half years covered in this lawsuit," said Bill Homann, President of PSF, in a news release about the verdict. "This was our first opportunity to present our story to a jury from a rural area, where residents understand how food is raised and the kinds of odors that are experienced in everyday agriculture."
In May 1999, the plaintiff, Vernon Hanes, was awarded $100,000 in an odor-related class-action suit against Continental Grain Co., which owned Premium Standard Farms at the time. Mr. Hanes sued again in 2008.

PSF has spent $33.5 million to install odor-controlling technology at its facilities so far. Meanwhile, earlier this spring, the Missouri government enacted legislation that limits nuisance lawsuits against agricultural operations.

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