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Prestage Farms, Inc. v. Board of Supervisors of Noxubee County, Miss.

Citation: 30 ELR 20431
No. No. 98-60747, 205 F.3d 265/(5th Cir., 03/10/2000)

The court holds that a hog producer lacks standing to challenge a Monroe County, Mississippi, ordinance regulating new and expanding swine farming in the county. The hog producer purchases hogs from smaller independent farms in order to fill one of its contracts. Because the ordinance prevents the farmers from expanding their operations, the hog producer claims that the ordinance prevents it from purchasing hogs the farmers otherwise would have provided. The court first holds that the hog producer failed to show the requisite injury and, therefore, has no standing to challenge the ordinance. The hog producer produced no evidence that if the ordinance is stricken and the farmers get their permits and decide to produce hogs pursuant to these permits, they will sell their hogs to the hog producer. While the risk of injury may be founded on a likely and credible chain of events, the injury must be certainly impending. Here, the hog producer's injury depends on the occurrence of a number of uncertain events and is too conjectural and hypothetical to provide standing.

Counsel for Plaintiff
Michael D. Greer
Greer & Pipkin
421 W. Main St., Tupelo MS 38804
(662) 842-5345

Counsel for Defendant
William J. Cole III
Law Offices of William J. Cole III
304 N. Congress St., Jackson MS 39201
(601) 969-7050

Before Politz and Garwood, JJ.