Status conference reset in case against Fragrant 40 swine farm

Christina Stueve Hodges Aug. 31, 2012, 5:18am

St. Clair County Judge Vincent Lopinot on Aug. 27 reset a status conference to Oct. 29 in a lawsuit over an allegedly odorous pig farm.

Lopinot denied a motion to dismiss the case on July 24.

The Macoupin County neighbors of a swine farm complained in court papers about odors emanating from a farm that is raising approximately 4,500 pigs, saying they are unable to host family gatherings and sleep in their home because of the smell from nearby residents' land.

Joe Clark, Megan Clark, Bob Norris and Tom Gall filed the suit last February against Fragrant 40, Ronald D. Seabaugh and Jeff Seabaugh.

The defendants filed a motion to dismiss stating the case should have been filed in Macoupin County over St. Clair County, since the alleged incident occurred in Macoupin County.

The plaintiffs responded to the defense motion July 13, stating that Seabaugh and Fragrant 40 are both residents of St. Clair County.

Gregory Shevlin of Cook Ysursa, Bartholomew, Brauer and Shevlin in Belleville represents the plaintiff.

In addition to Shevlin, Richard H. Middleton Jr. of The Middleton Firm in Savanna, Ga.; and Charles F. Speer of Speer Law Firm in Kansas City, Mo., represent the plaintiffs.

Peter Naylor and Claire Manning of Brown, Hay & Stephens in Springfield represent the defense.

St. Clair County Circuit Court case number: 12-L-111.

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