District Judge J. Steven Patrick has denied a motion for a stay from Delta County and the Hostetlers, but has given them an additional 21 days to seek relief from the Court of Appeals.
That decision delays enforcement of a cease and desist order for the two 15,000 hen/egg laying operations in Delta County owned by the Hostetlers.
Earlier in September, Judge Patrick concluded that health concerns of neighbors in the vicinity of the hen operation constituted incompatability with the neighborhood. He ordered the county to shut down the operations. Both the county and the Hostetlers quickly filed appeals.
During oral arguments Sept. 26, the county argued the "public interest of encouraging agricultural development supports granting of the stay."
The Hostetlers concurred with the county, and stated it's likely they will not be able to afford to reinstitute their business even if they prevail on appeal.
The plaintiffs, Travis Jardon et al, cited the likelihood of success upon appeal, as well as the continued health risk. They also noted that early in the proceedings, the court made it clear the Hostetlers would be proceeding at their own risk if they decided to complete construction and commence operations prior to resolution of the dispute.
The court noted a total of 37 complaints were submitted to the Department of Health after operations commenced. The court is looking for "competent evidence" there are no health risks associated with the egg-laying operation.
Judge Patrick concluded the public interest "is best served by protection of public health rather than permitting continued operation of this hen/egg operation at the risk of public health."blog comments powered by Disqus