Washington Evening Journal
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Washington, IA 52353
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Hog confinement lawsuit trial slated for March 30
After three years of court proceedings and several trial delays, parties involved in a hog confinement lawsuit are set to have their day in court.
In mid-May 2006, the Pleasant Plain Property Owners Association filed a lawsuit against James Kaska, owner of a hog confinement ? under construction at the time and now in operation ? approximately 3 miles north of Fairfield at 1589 Nipa Boulevard. A court order filed
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Sep. 30, 2018 7:40 pm
After three years of court proceedings and several trial delays, parties involved in a hog confinement lawsuit are set to have their day in court.
In mid-May 2006, the Pleasant Plain Property Owners Association filed a lawsuit against James Kaska, owner of a hog confinement ? under construction at the time and now in operation ? approximately 3 miles north of Fairfield at 1589 Nipa Boulevard. A court order filed earlier this month has set the trial for March 30.
Originally, 26 neighbors filed suit against Kaska claiming the confined animals? production of unhealthy substances will create ?imminent danger;? the confinement runs a ?significant risk of groundwater contamination? and will create a ?general decline in the quality of life? in the area; and the location is not suitable for such a facility.
Since the initial filing of the lawsuit, the list of plaintiffs has varied as property has changed hands. At this time, plaintiffs in the lawsuit are Joshua and Phalya Cohen, Wally DeVaiser, Patrick and Chrystel Guerin, Carl and Camille Jorgensen, Wyatt and Janet Petersen, Rick and Pamela Ryerse, Eric and Mary Sue Schwartz, Chester and Catherine Swanson, Emmanuel and Caterina Titus, Rose Ann Witherspoon, Wayne and Peggy Fisher, Rhonda Whitaker, Larry and Lori Larsen and Tom and Michelle Paton.
In addition to the changes in individuals listed in the lawsuit, the North Country Community Homeowners Association has been added to the lawsuit, and the Pleasant Plain Property Owners Association?s claims have been dismissed.
For the complete article, see the Friday, June 26, 2009, Fairfield Ledger.