Section 34 Common Law
| Library | Environmental Law 2002 Supp Replacement chs |
Nuisance is probably the common-law cause of action most frequently pled against agricultural operations. To succeed on a nuisance claim, the plaintiff must establish that the defendant has unreasonably interfered with the plaintiff’s use and enjoyment of his or her property. Rosenfeld v. Thoele, 28 S.W.3d 446, 451 (Mo. App. E.D. 2000). Nuisance cases against agricultural operations may turn on whether the nuisance is permanent or temporary. See, e.g., Hanes v. Cont’l Grain Co., 58 S.W.3d 1 (Mo. App. E.D...
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