Hog farm lawsuit to change venues

C&H Hog Farms’ lawsuit against the Arkansas Department of Environmental Quality is being moved to Pulaski County Circuit Court.

Newton County Circuit Judge Gordon Webb ordered the change in venue Thursday, stating that the change is required under Arkansas law.

In October, the farmers’ attorneys filed a lawsuit in Newton County Circuit Court accusing the department of noncompliance with the Arkansas Freedom of Information Act. The department did not respond in the timeline established by law, the farmers’ attorneys argued.

Department attorneys filed a motion seeking to move the lawsuit to Pulaski County Circuit Court, citing a 2017 law change that they said required a change in venue to Pulaski County or another county in which a plaintiff lives anytime a party asks for such a change.

Ark. Code Ann. 16-60-201(c) states that a defendant in a civil action under Ark. Code Ann. 16-60-104(3) “may obtain an order for a change of venue by motion requesting a transfer to one (1) of the following counties:

“(A) Pulaski County.”

In its response to the motion, C&H’s attorneys state that because the department admitted that C&H’s filing of the case in Newton County was proper, the motion should be dismissed.

The department’s motion included an alternative motion to dismiss the lawsuit, which C&H’s attorney argued was improper.