David Kuntz, whose chicken barn operation on Redlands Mesa won the county's specific development approval last year, has filed a lawsuit in federal district court challenging the constitutionality of those same county regulations.
The suit, filed last month, cites the equal protection clause of the 14th Amendment. It also claims that delays in the county approval process caused a significant amount of damages, costs and expenses to his operation.
According to Kuntz's Grand Junction attorney Ben Wegener, the lawsuit alleges that county specific development regulations treat agricultural operations in the county differently.
The county as of Monday had not yet filed its response to the lawsuit but was expected to do so as a deadline was approaching.
On Tuesday, Sept. 11, the Delta County Board of Commissioners called a special meeting to consider the board's response to the Bureau of Land Management's preliminary Environmental Assessment (EA) concerning the lease parcels proposed for the December BLM sale.
Several people from the North Fork were present to provide input.