05/23/07 Judge says commission was wrong to deny CAFO permit

An Idaho district court judge says that Gooding County Commissioners were out of line to deny a CAFO permit to dairyman Edward Rosa. Fifth District Judge John Butler says the commissioners did not obey their own ordinance when they denied the permit to Rosa last September. Idaho Dairymen's Association executive director Bob Naerebout applauds the judge's decision. NAEREBOUT "The biggest points that the judge made was one, they were arbitrary and capricious in their decision on fact not emotion and it's about time that we've had that clarification. Judge Butler also told the Gooding County commission that it had to revisit the Rosa case and also pay his attorney fees. That should mean another hearing on his application for a 32 hundred animal unit operation. NAEREBOUT "When we think that decisions are based off of bad information or in this case under basically under really capricious and poor judgment by county commissioners that somebody is going to hold them accountable and so we think it sends a positive signal." The Idaho dairy industry last year generated nearly 1.4 billion dollars in sales of raw milk, cattle and calves, and that was at the top of all farm gate receipts in the state. Voice of Idaho Agriculture Bill Scott