Judge upholds BZA ruling on hog farm

BROWNSTOWN — Jackson Circuit Judge Bill Vance upheld an October 2005 Jackson County Board of Zoning Appeals decision approving an 8,000-head confined feeding hog farm in Redding Township.

Vance issued that decision on May 9 in favor of the BZA, which granted Talara Lykins of Bartho-lomew County a special exception to build and operate a hog operation on an 11-acre site at 1125 N. 1200E, Seymour.

On Nov. 9, 2005, a group of residents living in the area of Lykins’ proposed operations asked the court to review the BZA decision, contending the CAFO would cause them harm and that the BZA broke the state’s Open Door Law by holding two separate votes on the issue. The first vote ended in a 2-2 tie while the second was 3-1 in favor of Lykins.

That petition was filed by Robert Sexton, Melinda Sexton, Stephanie Flinn, Craig Flinn, David Helt, Gail Helt, Jerry Marsh, Hazel Marsh and Celeste Bowman. A similar petition was filed by Jennings Water Inc., which has a well field east of the proposed building site.

Area residents and the utility are concerned about a variety of environmental issues, including a potential threat to area water supplies should the concrete holding pen for thousands of gallons of manure leak or rupture.

They’re also concerned about the soil type in the area and other issues.

Vance wrote in his decision that none of the plaintiffs were directly affected by the BZA’s decision, with the exception of the Marshes, who own land adjacent to Lykins’ land. The Marshes’ property also is zoned agricultural, as is Lykins’ ground.

He further wrote that none of the plaintiffs showed any special injury from the BZA’s decision.

Vance also wrote that the court has no authority to overturn the board’s decision unless it was illegal or based upon erroneous information.

He also wrote that the BZA did not violate the Open Door Law, denying the petitioners’ request for attorney fees.

On Sept. 13, 2005, the Indiana Department of Environmental Management issued a construction permit to Lykins, allowing her to proceed with the project on County Road 1200E.

But that was put on hold as an administrative law judge waits to rule on an objection to the construction permit.

Bob Marley of Jackson-Jennings Co-op, which is expected to provide financing for the hog farm, said Friday he’s uncertain when or whether the hog farm will be built.

“There’s another case before IDEM, and I don’t know if that’s settled,” Marley said. “I’ve not talked with Talara.”

In October 2005, Jennings Water Inc., Steven and Celeste Bowman, Charles and Nancy Fox, Robert and Melinda Sexton and Andrew and Shondra Zaborowski filed a lawsuit objecting to the issuance of the construction permit.

Some of the individuals are members of Families Against (CAFOS) in Reddington, known as FAIR, a grass-roots group formed to oppose the hog farm. The group has contended the soil type is not suited for such a hog operation and the storage of large volumes of manure.

Mediation between the various sides last summer failed to reach a settlement.