ERIC VIMONT v. CHRISTIAN COUNTY HEALTH DEPARTMENT ( 2016 )


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  • ERIC VIMONT,                        )
    )
    Appellant,                )
    )
    vs.                            ) No. SD34414
    )
    CHRISTIAN COUNTY HEALTH DEPARTMENT, ) FILED: Oct0ber 11, 2016
    )
    Respondent.               )
    APPEAL FROM THE CIRCUIT COURT OF CHRISTIAN COUNTY
    Honorable Laura J. Johnson, Judge
    AFFIRMED
    Questing to sell and distribute raw milk from any Christian County location of
    his choosing, Eric Vimont cited Missouri’s constitutional right to farm (MO. CONST. art
    I, § 35) in seeking judicial relief from Respondent’s order to abate such activity. He
    lost on summary judgment and appeals. We affirm. 1
    1 We find scant case law or commentary on the 2014 “Right to Farm Amendment” and purposely
    limit our pronouncements because we lack the benefit of lawyer-briefing from both sides. Indeed,
    we could have granted Respondent’s motion to strike Vimont’s pro se brief for Rule 84.04
    violations, but instead will address the first point as we understand it. Point II, charging trial
    court bias, fails summarily for lack of support in the argument section of Vimont’s brief (Reese
    v. Ryan’s Family Steakhouses, Inc., 
    19 S.W.3d 749
    , 751 (Mo.App. 2000)) and our review of
    the record reveals no basis therefor in any event.
    Background
    RSMo § 192.300 empowers county commissions and boards of county health
    centers to promulgate orders and ordinances to enhance public health and combat
    disease, provided such enactments do not conflict with state rules or regulations.
    Citing this statutory authority, the Christian County Commission (“County
    Commission”) enacted an amended Food Order ordinance (“CCFO”) regulating raw
    milk sale and distribution effective January 30, 2012, § 2.05(D) of which stated that:
    Producers of retail raw dairy products may sell and take orders for
    their product at the physical farm location where the products are
    produced and may deliver the product to the clients [sic] domicile.
    The CCFO also authorized Respondent to issue orders to abate conditions that might
    transmit or promote disease, and provided an appeal process.
    In June 2012, Respondent ordered Vimont to abate his off-premise sale and
    distribution of raw milk in violation of CCFO § 2.05. Vimont did not pursue the CCFO
    appeal procedure.
    In 2014, Missouri voters adopted a “Right to Farm” constitutional amendment
    (now MO. CONST. art I, § 35), which states:
    That agriculture which provides food, energy, health benefits, and
    security is the foundation and stabilizing force of Missouri’s
    economy. To protect this vital sector of Missouri’s economy, the
    right of farmers and ranchers to engage in farming and ranching
    practices shall be forever guaranteed in this state, subject to duly
    authorized powers, if any, conferred by article VI of the
    Constitution of Missouri. [our emphasis]
    Vimont cited this in suing Respondent, in 2015, for relief from the order to abate and
    CCFO § 2.05. The trial court eventually granted Respondent summary judgment on
    multiple grounds, including that the constitutional right to farm is not unlimited, but
    2
    subject to duly authorized article VI powers, and the CCFO provision at issue was
    within the duly authorized powers of the County Commission under article VI and
    RSMo § 192.300.
    Vimont’s Complaint and Analysis
    Vimont claims the trial court erred “by upholding Respondent’s Order to Abate,
    allowing it to overrule [Vimont’s] Right to Farm, guaranteed by Article I, Section 35
    of the Missouri Constitution ….” 2 On this record, we cannot agree.
    As repeatedly noted above, Vimont’s constitutional farming rights, whatever
    they may be, are subject to local-government powers duly authorized and conferred
    by article VI of Missouri’s constitution. MO. CONST. art I, § 35. As relevant here, article
    VI directs that county commissions 3 “shall manage all county business prescribed by
    law” (§ 7) and for county powers to be defined by “general laws” (§ 8).
    Thus, under article VI, the County Commission was authorized to manage all
    legal county business, exercising such powers as the legislature saw fit to delegate or
    those fairly implied by powers expressly granted. See Greene County v. Pennel,
    
    992 S.W.2d 258
    , 262 (Mo.App. 1999)(citing, among others, article VI). The legislature
    saw fit to delegate to county commissions, via RSMo § 192.300, power to promulgate
    public-health rules and ordinances. Exercising that power and citing it specifically,
    the County Commission adopted the CCFO.
    2 He also cites “the Due Process Clause of the Fourteenth Amendment, U.S. Constitution,” but
    abandons that claim by failing to develop it whatsoever. 
    Reese, 19 S.W.3d at 751
    .
    3 Formerly called county courts, see RSMo § 49.010; Am. Aberdeen Angus v. Stanton, 
    762 S.W.2d 501
    , 502 (Mo.App. 1988).
    3
    Because the CCFO was within the County Commission’s duly authorized article
    VI powers, Vimont’s theory of right-to-farm supremacy fails, mooting our need to
    address the trial court’s other bases for decision. 4 We deny all motions taken with the
    case and affirm the judgment.
    DANIEL E. SCOTT, J. – OPINION AUTHOR
    GARY W. LYNCH, P.J. – CONCURS
    WILLIAM W. FRANCIS, JR., J. – CONCURS
    4Nearly all of Vimont’s argument questioned the County Commission’s wisdom regarding the
    CCFO’s raw milk provisions. These legislative criticisms are outside the scope of Vimont’s point,
    but almost certainly would fail anyway. See, e.g., Borron v. Farrenkopf, 
    5 S.W.3d 618
    , 622
    (Mo.App. 1999)(county ordinance was “rationally related” to health problems “and therefore
    expressly authorized under § 192.300”).
    4
    

Document Info

Docket Number: SD34414

Judges: Scott, Lynch, Francis

Filed Date: 10/11/2016

Precedential Status: Precedential

Modified Date: 10/19/2024