Premium Standard Farms, Inc. v. Lincoln Tp. of Putnam County

• Decision Date: 27 May 1997
• Docket Number: No. 79107,79107
• Citation: 946 S.W.2d 234
• Court: Missouri Supreme Court
• Parties: PREMIUM STANDARD FARMS, INC., Appellant-Respondent, v. LINCOLN TOWNSHIP OF PUTNAM COUNTY and Dana Mathes, Respondents-Appellants.

Page 234

946 S.W.2d 234

PREMIUM STANDARD FARMS, INC., Appellant-Respondent, v. LINCOLN TOWNSHIP OF PUTNAM COUNTY and Dana Mathes Respondents-Appellants.

No. 79107.

Supreme Court of Missouri En Banc.

May 27, 1997.

Rehearing Denied June 17, 1997.

Robert Schultz, Mary B. Schultz, St. Louis, for Appellant-Respondent.

Patrick E. Richardson, Green City, for Respondents-Appellants.

Jeremiah W. (Jay) Nixon, Attorney General, James R. Layton, Deputy Chief Counsel, Mark E. Long, Assistant Attorney General, Jefferson City, for Intervenor Respondent-Appellant.

PRICE, Judge.

We are called upon to determine whether Lincoln Township's actions imposing setback and bonding requirements on Premium Standard Farms livestock sewage lagoons and setbacks on its finishing buildings exceed the township's statutorily granted zoning powers. We hold that they do. We also find that Lincoln Township has no power to commence a public nuisance action. We therefore affirm the trial court's judgment.

I. FACTS

Appellant/Plaintiff Premium Standard Farms, Inc. (Premium), is a Missouri corporation engaged primarily in the business of hog farming. On April 6, 1994, Premium completed the purchase of 3084 acres of farm land located in Lincoln Township of Putnam County. Premium named the acreage White Tail Farm. Premium erected 96 hog barns and 12 hog waste lagoons on 12 separate sites consisting of one lagoon and 8 barns each. Each hog barn has a concrete foundation, partial wooden frame wall with metal siding, and a metal roof. The barns measure 212 feet by 41.3 feet. The barn floors are slatted concrete. Hog manure falls through the floor and into a shallow holding area. Water flushes the waste every two hours into an adjacent lagoon. Each lagoon is greater than 300 feet long and 280 feet wide. The lagoons have a volume of approximately 58 acre feet and are constructed of earthen walls approximately 24 feet high containing clay liners at least one foot thick. They are equipped with intake pipes for receiving the waste from the hog barns and exit pipes through which water is pumped to fertilize Premium's hay fields. The lagoons store and break down the hog waste.

On June 30, 1994, Respondent/Defendant Lincoln Township adopted what it designated "Comprehensive Plan and Zoning Regulations for Lincoln Township." The land owned by Premium was zoned A-1 (Agricultural) under the regulations. The regulations On July 13, 1994, the code enforcement officer for Lincoln Township, Dana Mathes, sent a letter to Premium reminding Premium of the procedures set forth in the 1994 regulations. On September 28, 1994, Mathes inspected Premium's property and observed 72 feedlots and nine lagoons. The lagoons are located closer than 5,280 feet from adjacent residences or dwellings.

permitted livestock sewage lagoons systems and livestock feedlots ("livestock feedlot" defined as 100 cattle per acre, 1000 hogs per acre, 1000 sheep per acre, 1000 poultry per acre; "livestock sewage lagoon" undefined). The regulations required minimum setbacks of 5,280 feet from adjacent residences or dwellings for lagoon systems with a capacity of twenty acre feet or more and cash or surety bonds to guarantee proper closure and post-closure care of sewage lagoons. The regulations imposed a bonding requirement of over $750,000 per lagoon for a total of over $9,000,000. The regulations also required minimum setbacks of 1,400 feet from adjacent residences or dwellings for livestock feedlots. An amended plan adopted by Lincoln Township on November 15, 1995, continues the setback and bonding requirements of the 1994 regulation.

The statute cited by Lincoln Township as authority to enact the regulations at issue is section 65.677, RSMo, which states:

For the purpose of promoting health, safety, morals, comfort or the general welfare of the unincorporated portion of the township, to conserve and protect property and building values, to secure the most economical use of the land, and to facilitate the adequate provision of public improvements all in accordance with a comprehensive plan, the township board of any township to which the provisions of sections 65.650 to 65.700 are applicable shall have power after approval by vote of the people to regulate and restrict, by order of record, in the unincorporated portions of the township, the height, number of stories, and size of buildings, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, the location and use of buildings, structures and land for trade, industry, residence or other purposes, including areas for agriculture, forestry, and recreation. The provisions of sections 65.650 to 65.700 shall not be exercised so as to impose regulations or to require permits with respect to land, used or to be used for the raising of crops, orchards or forestry or with respect to the erection, maintenance, repair, alteration or extension of farm buildings or farm structures. The powers granted by sections 65.650 to 65.700 shall not be construed:

(1) So as to deprive the owner, lessee or tenant of any existing property of its use or maintenance for the purpose to which it is then lawfully devoted;

(2) So as to deprive any court of the power of determining the reasonableness of regulations and power in any action brought in any court affecting the provisions of sections 65.650 to 65.700 or the rules and regulations adopted thereunder;

(3) To authorize interference with such public utility services as may have been or may hereafter be authorized or ordered by the public service commission or by permit of the county commission, as the case may be.

On July 29, 1994, Premium commenced this action for a declaratory judgment and injunction against Lincoln Township to prevent enforcement of its regulations. Lincoln Township counterclaimed for enforcement of its regulations and for relief based on the theory of public nuisance. Premium filed three motions for summary judgment. The trial court entered summary judgment in favor of Premium and dismissed Lincoln Township's counterclaims. Although the parties raise numerous issues on appeal, our decision is based upon the lack of statutory authority for Lincoln Township to promulgate the regulation at issue and to pursue a public nuisance action.

II. STANDARD OF REVIEW

Summary judgment is proper only when the moving party has demonstrated that "there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." Rule 74.04(c)(3). Because the propriety of summary

                judgment is purely an issue of law, our review is essentially de novo.   The record on appeal from summary judgment is reviewed in the light most favorable to the party against whom judgment was entered
                

III. JURISDICTION

Lincoln Township (Township) challenges the jurisdiction of this Court and the trial court to adjudicate the issues presented. Township claims Premium has failed to exhaust its administrative remedies because it has failed to pursue an appeal for a variance permit to the Lincoln Township Board of Zoning Adjustment before seeking review by the courts. Premium contends that it did not need to exhaust these administrative remedies because it raises solely a legal challenge to the authority of the township to impose the regulations in question.

Exhaustion of administrative remedies is generally required before a court may assume jurisdiction of a matter where a remedy is available through administrative procedures. Council House Redevelopment Corp. v. Hill, 920 S.W.2d 890, 892 (Mo. banc 1996) ("As a general rule, courts will refrain from acting until the litigants have exhausted all available administrative remedies provided by statute."). This principle is founded upon the theory that agencies have special expertise and a factual record can be developed more fully by pursuing the designated channels for relief within the agency. The issue also may be resolved through the procedures set forth by the agency for resolution of complaints, thereby rendering unnecessary review by the courts.

Nevertheless, several exceptions to the general requirement of exhaustion have been recognized by the courts of this state. Where no adequate remedy lies through the administrative process, the court will not require exhaustion. Glencoe Lime & Cement Co. v. City of St. Louis, 341 Mo. 689, 108 S.W.2d 143, 144 (1937); City of St. Ann v. Elam, 661 S.W.2d 632 (Mo.Ct.App.1983). Where the authority of the political subdivision to impose particular regulations is challenged, the courts may review the issue, although the parties have not pursued their complaint through the administrative process set forth in the zoning regulations. Missouri Rock, Inc. v. Winholtz, 614 S.W.2d 734, 738 (Mo.Ct.App.1981). And where the validity of agency rules or the threatened application thereof is at issue, an action for a declaratory judgment may be maintained against agencies "whether or not the plaintiff has first requested the agency to pass upon the question presented." Rule 87.02(c). This Court has held that exhaustion of administrative remedies is unnecessary when the authority of a municipal corporation to enact certain regulations under the statutory enabling acts granting it the power to zone is challenged. State ex rel. Kramer v. Schwartz, 336 Mo. 932, 82 S.W.2d 63, 69 (Mo.1935).

Township argues that Westside Enterprises, Inc. v. City of Dexter, 559 S.W.2d 638 (Mo.Ct.App.1977), and similar cases stand for the proposition that attacks on the application or validity of zoning regulations must be pursued in the first instance through the administrative procedures set forth by the zoning authority. The preliminary issue in Westside Enterprises, however, was whether the land at issue was actually zoned residential as opposed to commercial. The court observed that if the issue had been appealed through the administrative procedures set forth by sta...