04/16/08 ICA, IDA win Jerome CAFO court case

An Idaho judge says Jerome County did not follow correct procedures when its commissioners enacted an interim ordinance to prohibit the construction of new or existing livestock operations. Fifth District Judge John Butler ruled that emergency moratoriums cannot be extended unless certain due process protections are followed. NEAREBOUT "We were confident going in that we had a pretty good strong foundation for our case and we obviously are pleased with the outcome in that Judge Butler also saw the merit of our complaint." Idaho Dairy Association executive director Bob Nearebout said the Jerome County lawsuit was a first for IDA. Judge Butler found that the Jerome County Planning and Zoning Commission didn't hold public hearings on the interim ordinance and county commissioners published a hearing notice that as different than what was discussed at the hearing. NEAREBOUT "This originally started with an emergency moratorium which drops all the requirements for public hearings and you're not allow to put two emergency moratoriums back to back and so they tried to circumvent that by putting an interim moratorium right behind an emergency moratorium." Judge Butler also ruled that Jerome County will have to pay the legal fees incurred by dairymen and cattlemen who brought the lawsuit to his court. Voice of Idaho Agriculture Bill Scott