Missouri Court of Appeals, Eastern District / Apr 14, 2020
State of Missouri, ex rel. Attorney General Eric S. Schmitt, Respondent, vs. Gary Henson, et al., Appellants.
Gary and Rebecca Henson, along with Offsets Recreation, LLC, appealed a trial court's judgment permanently enjoining them from operating a commercial swimming and diving facility on their property, known as "the Offsets." The State had sought the injunction, alleging the operation constituted a public nuisance due to numerous deaths and dangerous conditions. The appellate court affirmed the trial court's judgment, finding that the operation of the Offsets was indeed a public nuisance and that the injunction against the Hensons was necessary and supported by substantial evidence.