Hen House Lawsuit Settled, For Now

Nov 7, 2012

The case between Delta county and opponents of two laying hen operations in the county is finally settled, for now. KVNF’s Ariana Brocious has more.

Last week, a district court judge ruled in favor of the plaintiffs, awarding them the costs of the lawsuit. The plaintiffs filed their suit against the county in August 2011 after the county approved two laying hen house operations on Powell and Redlands Mesas. In July, the judge ruled that the county had abused its discretion based on insufficient evidence in the record, and ordered the county to review its decision again. 

After gathering further evidence and public testimony, two weeks ago, the county reaffirmed its decision--upholding the approval for the hen houses, one of which is already built and operational on Powell Mesa.

Last Thursday’s ruling puts an end to the lawsuit filed against the county in August 2011. Earl Rhodes, attorney for the plaintiffs, says that they will be sending a bill of costs to the county in the next two weeks.

But lead plaintiff Susan Raymond, a veterinarian on Powell Mesa, says she plans to continue fighting the county. Rhodes says the plaintiffs have until mid-November to file another complaint based on the county’s recent decision upholding their approval of the hens houses.