Christina Stueve Hodges Feb. 20, 2013, 1:02pm
St. Clair County Circuit Judge Vincent Lopinot on Feb. 11 set an April 30 hearing in a lawsuit over an allegedly odorous pig farm.
Ronald Seabaugh, a defendant in the lawsuit, requested Lopinot grant his motion to dismiss, Dec. 10.
Lopinot on Feb. 11 allowed the plaintiffs 21 days to respond to Seabaugh’s motion to dismiss. The defense is then allowed 14 days to file a reply.
Seabaugh stated he has no interest or involvement in the subject property at 1682 Barr Road in Greenfield where his swine farm “Fragrant 40” operates.
Seabaugh, as sole member of Fragrant 40, said his interest in Fragrant 40 is that of an investor. Activities of the subject property were conducted by Fragrant 40, LLC or its agents and contractors, Seabaugh’s motion states.
The motion further states that the income of the subject property is received and paid by Fragrant 40, LLC.
The Macoupin County neighbors of the 4,500-swine farm say they are unable to host family gatherings and sleep in their home because of the smell emanating from the farm.
Joe Clark, Megan Clark, Bob Norris and Tom Gall filed the suit in February 2012, against Fragrant 40, Ronald D. Seabaugh and Jeff Seabaugh.
The defendants responded with a motion to dismiss stating the case should have been filed in Macoupin County over St. Clair County, since the alleged damages occur in Macoupin County.
Lopinot denied the motion to dismiss on July 24.
Gregory Shevlin of Cook Ysursa, Bartholomew, Brauer and Shevlin in Belleville represents the plaintiffs.
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 are the lead defense counsel.
Mark Goldenberg and Holly Reese of Goldenberg Heller Antognoli & Rolland in Edwardsville also represent Fragrant 40, LLC, Ronald D. Seabaugh and Jeff Seabaugh.
St. Clair County Circuit Court case number: 12-L-111.