Pleasant Plain Lawsuit Settles

After a long and protracted legal battle, we are pleased to report that the Pleasant Plain lawsuit settled on March 5, 2010. The case was scheduled to go to trial on March 26^th.

The Pleasant Plain Property Owners Association (PPPOA) representing 26 home owners, sued James Kaska and JL Pork, Inc. for building and operating a 1200-head hog confinement (CAFO) close to their homes. All the plaintiffs lived within a 1½-mile radius of the CAFO.

Although the actual settlement terms are confidential, JFAN understands that the plaintiffs in the case consider the settlement to be a very satisfactory outcome , beneficial to both the plaintiffs personally and the community at-large. 

The lawsuit was a long and costly process for all parties. JFAN provided the PPPOA and the individual plaintiffs with substantial financial assistance grants to help cover legal expenses.

The Parrish Kruidenier Firm, a well-known Des Moines law firm with a proven track record in litigation, along with Fairfield attorney David Sykes, represented the PPPOA.

The Pleasant Plain lawsuit was filed about four years ago after Mr. Kaska and JL Pork constructed the 1200-head CAFO.  The CAFO is located near Pleasant Plain Road and 167th Street, about three miles north of Fairfield.

Prior to construction of the CAFO, several neighbors met with Mr. Kaska, requesting that he not build the CAFO at the proposed location, as it would diminish their quality of life and peaceful enjoyment. JFAN provided educational support to the neighbors during this period. Several attempts to resolve the matter without litigation failed, and the CAFO was constructed. The lawsuit was filed on May 19, 2006.

The lawsuit charged that the massive amounts of animal waste generated by the facility harmed the health, safety, and quality of life of the plaintiffs, the public and the environment. It alleged there was a significant risk of groundwater contamination from the CAFO and the spreading of liquid manure.

The plaintiffs further asserted that the noxious chemicals created by the untreated liquid manure, unhealthy and unpleasant odor and harmful airborne particulates emanating from the facility constituted a nuisance and threatened the quiet enjoyment of their homes and land. 

Additionally, the lawsuit contended that the facility reduced the property values of the 14 homes owned by the plaintiffs.

The plaintiffs requested to be reasonably and justly compensated for the nuisance.

The trial was originally scheduled for March 2009 in Jefferson County, but was postponed several times. Ultimately, the venue was changed from Jefferson County to Washington County.

JFAN is pleased to have been able to support the plaintiffs and to help in effectuating  a positive result in the fight against the proliferation of CAFO's, and their harmful side effects, in Jefferson County.

JFAN would like to express its appreciation to all its supporters who have made it possible for the residents of Jefferson County to continue to enjoy fresh and healthy air and clean water.