Ohio dairyman sues builder of barn, claims defects led to fish kill

CELINA, Ohio – A Mercer County dairy farmer is suing the builder of his dairy barn, citing defects in the construction of the barn and manure handling system that led to a fish kill last August.

The Dayton Daily News reports that Michael B. and Theresa N. Fullenkamp of Fort Recovery, Ohio, are seeking $1.5 million from Homan Inc. of Maria Stein.

The lawsuit was filed Jan. 24, in Mercer County Common Pleas Court.

Homan Inc. built the Fullenkamp’s barn and installed the manure pit and related handling equipment in 2000 and 2001, the newspaper said.

Fish kill. On Aug. 11, 2002, a fish kill of 11,790 fish was traced to a cow manure spill from the Fullenkamp farm into a tributary of the Wabash River. The Fullenkamps are milking 350 head, and house another 350 replacements.

The suit claims the barn and manure pit were faulty and led to the fish kill.