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.
The election results are in at the local, state and national level, and as expected, Democrats are doing well in state and national races. Colorado has elected Jared Polis as governor; nationally the Republicans appear to retain control of the Senate while Democrats now control the House of Representative.
With a ballot full of local and state measures, voter turnout in Delta County topped 71%, with 15,889 ballots cast. Statewide, voter turnout was just over 52%.
Of the three Delta County residents seeking state offices, Matt Soper won over Thea Chase in State Representative Dist. 54; Mike Mason lost to Julie McCluskie in State Representative Dist. 61; and Olen Lund lost to Kerry Donovan in State Senate Dist. 5.
Locally, in the City of Delta voters rejected a .5% sales tax increase to fund recreation, as well as recreational marijuana sales. The sale of medical marijuana and cultivation/manufacturing facilities was approved by a slim margin. Delta voters also gave the city the green light to move forward with selling or trading the Cottonwood and Riverbend Park, and to sell the old Municipal Light and Power Building.