Pleasant Plain CAFO - Archive

On May 19, 2006, the Pleasant Plain Property Owners Association and several residents of Jefferson County, Iowa, filed a lawsuit against the owner of a proposed hog confinement facility for anticipatory trespass seeking to enjoin violations of law and activities that pose an unreasonable risk to the health, safety, or welfare of the public.

The Pleasant Plain Property Owners Association, Inc., along with other residents of Jefferson County, filed a lawsuit against James Kaska, owner of a hog confinement facility currently under construction in the County.  A number of the neighbors have met with Mr. Kaska in an attempt to resolve this matter without the need for litigation, however, Mr. Kaska would not agree to stop construction of the proposed facility.  Mr. Kaska intends to build this hog confinement facility despite the objections of plaintiffs and other neighborhood residents.

The lawsuit asserts that the large numbers of swine to be confined at the proposed facility will generate massive amounts of manure and urine every month and there is imminent danger in that the proposed operation will emit unhealthy substances.  Plaintiffs also allege that this facility will create a significant risk of groundwater contamination and that the proposed operation will cause a general decline in the quality of life and well being in the area (near Pleasant Plain Road and Route 1, about 3 miles north of Fairfield) since the location is not suitable for the proposed confinement operation.  The plaintiffs believe that Mr. Kaska’s efforts to establish a highly concentrated swine production facility at the proposed location constitutes an unreasonable use of the land.

“Good neighbors do not pollute their neighbors’ properties, the air or the groundwater.  There are more than 50 homes within two miles of it,” said Jim Rubis, President of Jefferson County Farmers and Neighbors. "In JFAN’s opinion, the increasing number of confinement facilities in Jefferson County, Iowa, could result in an adverse impact on the environment and the likely loss of property value for rural residents."

In addition to the lawsuit, individuals in Jefferson County—including a number of the plaintiffs—have requested that Mr. Kaska participate in a nuisance mediation session over this same facility.  It is hoped that the mediation will result in a satisfactory resolution of the matter.