The State of Missouri Enacted a Stature That Eliminated the Right

question 176

Multiple Choice

The state of Missouri enacted a stature that eliminated the right to bring suit for private nuisance against anyone raising animals for production. Some property owners sued a commercial hog farm, contending that it caused bad odors, pathogens, and other hazardous substances to come from the 4,000 hog operation. Their suit was rejected because of the state law that protected such operations. They appealed that the law was unconstitutional. The Missouri high court held that:​

• A) ​the statute was unconstitutional as it violated due process rights under the 14th Amendment.
• B) ​the statute was unconstitutional as it violated equal protection rights under the 14th Amendment.
• C) ​the statute was unconstitutional as it effected a taking of property rights without compensation.
• D) ​the statute was constitutional as there was a rational basis for it.
• E) ​none of the other choices are correct.