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Saturday, August 18, 2007

Ind. Decisions - "County shouldn't have issued hog farm permit"

The AP has a report today on the August 15th Court of Appeals ruling in the case of Rick Cook & Daniel Funk v. Adams County Plan Commission (see ILB entry here - 3rd case). From the story:

Planning officials incorrectly issued a permit that allowed construction of a northern Indiana hog farm that raises 1,000 swine, the Indiana Court of Appeals has ruled.

Although the court ruled in favor of two neighbors who sued over Jonas Hilty's permit, it's unclear what effect the ruling will have on the farm, which is already in operation.

At issue is Hilty's 2006 application to the Adams County Plan Commission to construct a hog-finishing facility capable of holding 1,000 hogs at a time.

According to the county's livestock operations ordinance, Hilty must own or have a long-term lease on at least 1 acre for every 10 hogs, or 100 acres. Hilty owned 20 acres on which he could spread manure, so he entered into a lease with Ruth Wilder for an additional 125 acres.

Opponents fought the farm before the plan commission based on the odor of the hogs and the expected decrease in property values, but the permit was granted.

Neighbors Rick Cook and Daniel Funk later sued, arguing the lease doesn't fit the legal definition of being long term because it is a one-year lease with automatic annual renewals and a cancellation notice of 180 days.

The ruling said there is no precise precedent on this issue.

Judge Michael Barnes said in a concurring opinion that "common sense tells me one year is not long term."

"The ordinance calls for a 'long-term' lease in order to ensure, I assume, a place to spread the manure for a defined, lengthy, and fixed period of time. The lease at issue here does not do that in my opinion," he wrote.

Posted by Marcia Oddi on August 18, 2007 05:24 PM
Posted to Ind. App.Ct. Decisions