Plaintiffs file second Part 106 (a) (4) Lawsuit against Delta County BoCC and the Hostetlers.



Aug 29, 2011 – Delta County BoCC approved both Hostetler applications for their industrial egg factories on Redlands Mesa and Powell Mesa.

Late Sept, 2011 – several severely impacted neighbors formed CLUC and filed a Part 106 (a)(4) lawsuit seeking a review of the record based on a number of due process and regulatory violations we felt had occurred during the hearing process.  We allege the BoCC approval of the applications to be capricious and arbitrary.

Oct 3, 2011 – BoCC and Hostetlers signed Development Agreements with Conditions of Approval attached.

Nov 9, 2011 – Edwin Hostetler commenced construction of his facility in violation of the Development Agreement.

Nov 14-17, 2011 – CLUC sought a “cease and desist order” against Edwin Hostetler to stop his illegal construction and it was issued by the County Attorney.

Dec, 2011 – CLUC expanded its complaint to include a “declaratory judgment action” claiming conflict of interest against Commissioners Lund and Atchley.

Feb, 2012 – Judge Steven Patrick granted CLUC’s “declaratory judgment action” request against Lund.  He also granted CLUC Discovery Power to commence Apr 17, 2012.

Mar 15, 2012 – BoCC held a special meeting at which they determined that all conditions had been met, and granted Edwin Hostetler approval to commence construction on his facility.  CLUC vehemently disagrees that Conditions of Approval were met.

Mar 16, 2012 – CLUC filed a motion for an injunction to stop the construction.

Mar 22, 2012 – Judge Patrick denied CLUC’s motion for the injunction; however, CLUC’s case had met the burden of a “reasonable probability of success on the merits.”

Apr 17, 2012 – CLUC filed its Open Brief for the Part 106 (a)(4) lawsuit.

May 17, 2012 – Delta County filed its Answer Brief for the Part 106 (a)(4) lawsuit.

Jun 4, 2012 – CLUC filed its final reply Reply Brief for the Part 106 (a)(4) lawsuit.

Jun 5, 2012 to present – lawsuit pending Judge Patrick’s decision.

July 5, 2012 – Judge Patrick issues Order on Rule 106 claim – Ruling invalidates the approval of the Hostetler chicken facilities and remands back to the BoCC for further consideration.  The ruling declared the BoCC had abused its discretion because there was not record support for the following  1) compatibility of the proposed uses with the character of the neighborhood pursuant to the Master Plan  2) impact on property values of the surrounding properties pursuant to the Master Plan  3) sufficiency of the conditions and the undertakings of the applicants to address the concerns identified in the record  4) capability of the county staff to monitor the compliance with the conditions and undertakings.

July 6, 2012 – Plaintiffs issue Demand for Cease and Desist for Powell Mesa operation.

July 11, 2012  County says “no” to Cease and Desist.

July 12, 2012 – Plaintiffs issue 2nd Demand for Cease and Desist.  County does not respond.

July 23, 2012 – Plainfiffs file Motion for Supplemental Order.

July 26, 2012 – Defense Response to Motion for Supplemental Order.

Aug 1, 2012 – Plaintiffs Reply re Motion for Supplemental Order.

Aug 7, 2012 – Judge Patrick issues Order on Motion for Supplemental Order.  Judge Patrick ruled “this egg laying operation cannot continue to operate until County approval of the special development.”  The County refuses to shut down the operation.

Aug 10, 2012 – Plaintiffs issue 3rd Demand for Cease and Desist.  County does not respond.

Sept 4, 2012 – Remand Public Hearing held at the Delta County Courthouse.

Oct 7, 2012 – BoCC has not yet issued a new decision, nor have they complied with the court’s order to shut the Powell Mesa facility down.  The BoCC, by regulation, should have issued a new decision within 14 days of the Public Hearing.

Oct 22, 2012 – BoCC rubber stamped new approvals on both Hostetler chicken facility applications.

Nov 1, 2012 – Entry of Judgment for Plaintiffs against County issued by Judge Patrick

Nov 16, 2012 – Plaintiff’s Unopposed Bill of Costs granted by Judge Patric.