Motion to dismiss filed in case over odorous pig farm

The plaintiffs in a lawsuit over an allegedly odiferous pig farm are requesting one of the defendants be dismissed from their case.

Plaintiffs Joe Clark, Megan Clark, Bob Norris and Tom Gall filed for a voluntary dismissal without prejudice of defendant Ronald Seabaugh.

On Feb. 11, St. Clair County Circuit Judge Vincent Lopinot set an April 30 hearing in the case.

Ronald Seabaugh, a defendant, 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 was 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 plaintiffs filed a motion to amend Feb. 21, stating they would like to add additional defendants, Alan Investments Inc., Professional Swine Management, Dykhuis Farms and Bacon By Gosh.

Plaintiffs Bob Norris and Tom Gall complained of continual foul and obnoxious odors, particulate matter, swine manure and urine, flies, insects, and other emissions emanating from the defendant’s swine factories and adjacent land application fields, according to court documents.

Joe and Megan Clark complained of particulate matter, flies, insects, animal manure and urine, which invade their possession of land, court documents say.

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