Members of a group opposed to a CAFO near Uniontown, filed a lawsuit in Jackson Circuit Court last week seeking judicial review in an effort to stop the construction of a 4,000 head confined hog operation.
The lawsuit was filed last Thursday, Nov. 6, in Jackson Circuit Court.
Corinne Finnerty of North Vernon represents Eddie & Brenda Brumett, Hubert Brumett, Pat Kniola and Cartwright Revocable Living Trust, Harold & Melba Hoevener, Gary & Karen McDonald, Billy & Trina McLain, Steve & Charlotte Murphy, Donna Vail, and Karen Walker in their lawsuit against the Jackson County Board of Zoning Appeals including Sherry Bridges, Bill Burnside, Ralph Collins, Mike Reynolds and Gene Speaker, as well as Broshears Family Farm LLC, Robert Kyle & Leah Broshears, Max & Brenda Klosterman, Pollert Family Trust, Roger & Linda Pollert.
The lawsuit stems from an Oct. 14 decision of the county BZA to allow Kyle & Leah Broshears owners of Broshears Family Farm LLC to construct a confined hog operation off of County Road 1050 E northwest of Uniontown.
The plaintiffs are a part of an opposition group ‘HUBERT,’ which stands for Help Us Build Ethical Rural Trust, a homage to Hubert Brumett, 92-year-old World War II veteran with respiratory problems who lives near the proposed hog farm.
The Broshears intend to purchase 10 acres from Max & Brenda Klosterman, Leah Broshears parents. The Klostermans are purchasing a larger parcel encompassing the real estate on contract from Roger & Linda Pollert of Pollert Family Trust.
In their lawsuit for the court to review the findings of the BZA, the plaintiffs claim, among their reasons, that there was a lack of substantial evidence to support granting the exception, BZA chair Sherry Bridges had a conflict of interest in that she and members of her family own real estate near the proposed CAFO site, the drawings presented for the CAFO site were inadequate to permit meaningful consideration, access to the property is inadequate as, at the hearing, the property had no deeded access, and the BZA places no time limits on the applicants’ rebuttal but severe time restrictions on the presentations of the opponents.
No hearing date has been scheduled. Claims in a lawsuit only give one side of an issue.
In a related matter, at their meeting on Nov. 5, the Jackson County Commissioners placed a moratorium on all new confined feeding operation applications. By a 2-1 vote with commissioners Jerry Hounshel and Matt Reedy voting in favor and commissioner Tom Joray voting against, the commissioners approved the moratorium until March 15.
The county is formulating a new ordinance for confined feeding operations to update the one originally enacted in 1968.
