I'm sickened by the Hostetler legal battle on so many levels. I urge you to vote NOT to retain Judge Patrick when he comes up for retention in 2014.
Vote him out! Why?
1. He ignored and declared void the state and county right-to-farm laws which, as a judge, he was sworn to uphold.
2. He violated the separation of powers principle by not ordering a cease and desist against the Hostetlers directly but by ordering the county commissioners, a legislative branch, to issue a cease and desist order after the commissioners three times approved, re-examined and reapproved the Hostetlers' request. The equivalent would be the commissioners ordering the judge to find a defendant guilty or not guilty which would be what he did in reverse.
3. His judgment declares the commissioners' and health department's several years of hearings and investigations to be incompetent, substituting his judgment instead.
4. If you look at it, Judge Patrick just decided that every poultry operation in the state is a biohazard. It's really amazing the Hostelers, their children and even their chickens are still alive breathing chicken dust every day and living only 100 feet from the poultry barn as opposed to a neighbor's 850 feet. Matter of fact it's amazing every poultry worker in the world isn't dead or writhing from poultry biohazard including me who as a 19-year-old junior college student rented a room in an active chicken farm egg house for a year.
5. He didn't bother to examine the Hostetlers' facilities as we and others have. There is a fabric fence 50 feet from the ventilation blowers without even one feather or any dust apparent much less 660 feet away.
Mr. Jardon accused Mr. Kuntz and Mr. Kay of "frothing at the mouth." I too am "frothing at the mouth" when thinking about this travesty of justice instigated by Susan Raymond, Travis Jardon and Mark Cool. Debbie Schum nailed it in her Dec 24, 2013, DCI letter when she said "But by far, the biggest and main complaint against the chicken farms (in the pre-hearings) was 'view' sheds, property values and neighborhood compatibility." I too recall those statements and threats to sue before there was a building or a chicken. That, I believe, is their agenda and that is exactly what the state and county right-to-farm laws were designed to prevent and Judge Patrick voided. Please vote him out of office. Vote NOT to retain Judge Patrick in the upcoming November 2014 elections.
Mr. Jardon showed his true anti-ag pro-resort colors in his Dec. 31 letter when he juxtaposed retirees vs. ag. We are retirees and are happy living in an agricultural community; as a matter of fact that is why we moved here. Then he said, "Why would any company want to open a $50 to $100 million business ... just to have a confined animal operation 800' upwind from them." Well Foster Farms' eight barns, each the size of the Hostetlers', is 800 feet from Orchard City's Field of Dreams and just across the road is a dairy and is even closer to six other houses. To be consistent, when will Judge Patrick order the commissioners to order these chicken houses and the dairy to "cease and desist"? Please add me to those "frothing at the mouth" at this selfish, inconsiderate travesty of justice perpetrated against the agricultural community of Delta County and the state.