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Jury Sides Against Hog-lot Firm: A Total Of $76,400 Will Go To Residents Near The Facility

Calhoun County, Illinois

April 12, 2002

By JERRY PERKINS January 26, 2002

A Calhoun County jury has awarded $76,400 in damages to four property owners who claimed a nearby hog operation diminished their rural residential values.

The property owners sued after an Illinois corporation put in a 4,000-hog operation within a half-mile to a mile of their properties southeast of Rockwell City.

This is the second time this month that property owners have been awarded damages after claiming nearby hog-feeding operations depressed their property values.

On Jan. 8, a Sioux County court awarded $100,000 in damages to Joseph and Linda Gacke of Rock Valley.

Thomas Lipps, an Algona lawyer who represented the complaining property owners in both lawsuits, said the two cases don't necessarily set a precedent for future lawsuits against hog operations. "Each case has a personality of its own and is highly fact-dependent," he said.

Eldon McAfee, a Des Moines lawyer who represented the hog operation owners, said it was significant the jury refused to award damages to the property owners based on odor or other nuisances coming from the hogs. "There were no damages awarded for the loss of use and enjoyment of the properties," he said.

The hog operation is owned by John and Warren Sunderlin of Schaumburg, Ill.

Property owners who received damages were Jim and Barbara Kleemeier, $15,500; Jim and Judie Carver, $22,100; the Warren Carver Trust and the Genevieve Carver Trust, $16,800; and Gene and Ruth Dischler, $22,000.

Copyright 2002-2006 Concerned Citizens for Clean Water, 7025 Sparrow Point, Fort Worth, Texas 76133. Phone: (817)346-7122. Email: citizens@saveourwatersupply.org.
 
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