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Saturday, May 16, 2009
Ind. Decisions - "Court says challenge to hog farm can go on"
The Court of Appeals decision yesterday in the case of Benton County Remonstrators v. Board of Zoning Appeals of Benton County, et al (see ILB entry here - 3rd case), is the subject of a brief story today in the Lafayette Journal Courier:
Disagreements surrounding a controversial confined hog operation planned for two sites near Boswell will again go before a Benton County judge.The Indiana Court of Appeals issued a unanimous, 14-page ruling Friday on arguments by both parties: remonstrators representing Benton County residents and the Benton County Board of Zoning Appeals.
The case was sent back to the trial court for proceedings consistent with the appellate court's decision.
The higher court found that remonstrators have standing to challenge a decision by the BZA, which in March 2008 granted special exemptions to North Fork Farms LLC.
North Folk hopes to build a 10,000-head farrowing operation near 5501 S. County Road 600 West and a 6,000-head finishing farm near 4280 S. County Road 200 West.
Remonstrators argued that a CAFO would devalue adjoining properties.
The appellate court, however, sided with the BZA on other legal matters, including that Benton County Judge Rex Kepner had authority to appoint a special judge from Warren County.
Posted by Marcia Oddi on May 16, 2009 03:09 PM
Posted to Ind. App.Ct. Decisions