Looking past last-ditch legal challenges, the Madison County Board of Zoning Appeals Tuesday approved a special-use exemption that clears the way for a 4,000-hog confined animal feeding operation (CAFO) in Duck Creek Township.
While petitioner Rick Jarrett of Elwood begins construction at the corner of County Road 700 West and County Road 1300 North, Elwood Concerned Citizens will continue to fight the project.
The board approved the exemption unanimously with John Randall Jr. absent.
Before the audience filed out of the meeting, BZA board member Shirley Aubrey added a few points.
“We have restrictions in place on Mr. Jarrett that are tighter than IDEM or anything in the state of Indiana,” she said, referring self-monitoring and reporting requirements. “We have spent the past two months doing research, I have received umpteen phone calls and e-mails. He is going to be walking a tightrope.”
Jarrett’s original plan called for the creation of two buildings that would house 8,000 hogs but he reduced it by half as a concession to his neighbors in rural Elwood. The request touched off rabid debate that included a four-hour BZA meeting May 23, during which more than 30 people spoke.
The citizens group collected around 400 signatures for a petition expressing concerns over environmental safety and health, set up a Web site (www.nomadcocafo.com) and hired an attorney to further its cause. The most important victory for the group came during the June 27 BZA meeting in which it announced its appeal of a permit issued by the Indiana Department of Environmental Management.
It was enough to convince the zoning appeals board to postpone the matter until its July meeting, pending the outcome of the appeal. As of Tuesday, however, a pretrial hearing had not been scheduled.
ECC attorney Donna Marsh, of Cline, King & King of Columbus, again asked the board to delay the matter, but to no avail.
“On behalf of Elwood Concerned Citizens, I’m asking the BZA to continue Mr. Jarrett’s petition until IDEM has reviewed the appeal,” Marsh said. “We believe it’s putting the cart before the horse to approve this at the county level before the state has approved this permit.”
Jarrett brought his own attorney, Dan McInerny of Bose, McKinney and Evans of Indianapolis. With the appeal before the proper authorities, he argued, no further delay was warranted at the county level.
“We strongly object to another continuance,” McInerny said. “This has been continued the past two meetings and there is no reason the board cannot take action on this special-use exemption.
“The permit issued by IDEM is effective and valid at this time and it’s a long process through the Office of Environmental Adjudication.”
The citizens group canceled a July 20 meeting with IDEM when two people were unable to attend. McInerny said the appeal could take six to 18 months.
BZA member Bill Maxwell moved to accept the continuance, but the motion died for lack of support. After an extended silence, McInerny addressed the board again.
“This is a request for administrative review, not a request that the effective use of the permit be stayed,” McInerny said.
Marsh replied that the appeal had been filed by citizens without the assistance of an attorney. Had the ECC worked with an attorney prior to filing the appeal, a stay would have been requested, effectively halting any progress on the proposed hog farm until the matter was resolved.
Board member William Hobbs then moved to reject the motion of continuance. Aubrey seconded the motion and it passed 3-1, with Maxwell dissenting.
Hobbs made a second motion to approve Jarrett’s request for a special-use exemption, based on findings of fact and with several restrictions attached. Aubrey seconded the motion and it passed unanimously.
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July 25, 2006
Hog farm growth approved
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