High Court upholds judgment against Moderno chicken farm: residents win long battle

WILLEMSTAD – After a lengthy legal battle, the residents of Sunset Heights and Sun Valley can breathe a sigh of relief. The High Court has upheld the judgment against the J&M Egg's Farm Moderno N.V. (Moderno), affirming the rights of the residents. 

The case, which has been ongoing for years, revolves around the nuisance caused by the chicken farm, particularly the unbearable smell and the abundance of mosquitoes. Despite multiple warnings and opportunities for adjustment, Moderno did not comply with the specified environmental standards. 

After a thorough evaluation by the relevant authorities, it was determined that the cause of the unbearable odor for the residents was the company dumping chicken manure, chicken carcasses, and broken eggs on the premises to later spread across the area. This method of waste disposal brings about an immense stench accompanied by a large number of mosquitoes, making it impossible for residents to live with open doors and windows or to sit and eat in their gardens. 

The Attorney General had already concluded that Moderno's arguments did not hold up. This position has now been affirmed by the High Court. As a result, Moderno must adhere to strict rules to prevent environmental nuisance, with a threat of significant fines for non-compliance. 

Moderno must follow the rules, facing a penalty of 10,000 guilders for each instance of non-compliance with what has been established, up to a maximum of 1 million guilders. 

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