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By DAVE WILKINS
TWIN FALLS, Idaho - Dec.
7, 2001 - The
Idaho Dairymen's Association is taking Twin Falls
County to court in an effort to lift a ban on new
livestock operations that's been in effect for nearly
18 months.
County commissioners
first imposed a moratorium on new or expanded confined
animal feeding operations on July 10, 2000, and a
string of extensions has kept the ban in place ever
since.
The dairymen's group
contends that the moratoriums violate state law and
are asking a judge to declare them invalid. The most
recent moratorium was imposed on Oct. 1, 2001.
The dairymen's
association contends that a state law governing local
land-use planning allows county commissioners to
impose only two moratoriums: an emergency moratorium
and an interim moratorium.
"They keep
adopting new moratoriums on top of old ones. The
plaintiffs felt that they had no alternative but to
see whether that is appropriate action under state
law," said Boise attorney Scott Campbell, who
will represent IDA in the case, which was filed Nov.
21 in 5th District Court.
The moratoriums have
imposed, "unreasonable, arbitrary and capricious
restrictions upon the pre-existing business operations
of dairy and replacement heifer operation owners and
associated businesses," the complaint says.
County commissioners
have imposed the moratoriums at the urging of a group
of local residents, most of them from the Filer area.
During several meetings
over the past year, residents have complained about
foul odors and flies from the Desert Rose Dairy south
of Filer. The residents have said that their property
values have decreased and their quality of life has
been diminished. They want the county to prevent new
dairies from being built or existing dairies from
expanding until a new, more restrictive livestock
ordinance can be adopted.
But dairymen who aren't
part of the problem are being harmed by the
moratoriums, the IDA contends.
Several dairymen and
heifer replacement operations, some of them plaintiffs
in the case, have had to put expansion plans on hold
because county commissioners have kept the moratorium
in force.
"They've basically
tied everyone up and put them in limbo for at least 18
months," Campbell said.
Dairymen
Mike Quesnell, one of the plaintiffs, said he's been
unable to expand his 250-head dairy and bring his son
into the business because of the string of
moratoriums.
Quesnell was ready to
put earnest money on a parcel of property on which to
expand the dairy when commissioners enacted the first
moratorium in July 2000.
"On
two different occasions, we were approached by farmers
who were interested in a joint effort to build a dairy
facility on their property. However, we lost both of
those opportunities, plus others, due to the
successive moratoriums," Quesnell said in an
affidavit filed with the court.
Milk processors have
also been affected by the moratoriums, the lawsuit
contends.
Glanbia
Foods planned to expand its cheese processing plant in
Twin Falls, but those plans were delayed after the
first moratorium was enacted.
"The plans were
put on hold because without a reliable source of raw
milk located in reasonable close proximity, a
processing plant is unable to function effectively or
profitably," the lawsuit contends.
"Glanbia has
sustained negative financial impacts of approximately
$120,000 in 2001, a figure that will likely increase
in 2002," the IDA said in its court filing.
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