Since August, 2011, when the Delta County BoCC approved two industrial egg production facilities in our North Fork Valley, members of CLUC have been fighting a hard legal battle to have the Commissioner’ decision overturned. We MUST win our battle or many of these chicken facilities (we anticipate at least 20 or 30) are going to proliferate throughout our Valley with no regard for compatibility, setback, property values, or the health, safety, and welfare of the surrounding neighbors.
CLUC’s lawsuit against the County and the Hostetlers began as a simple Part 106 (a)(4) review of the record back in Sept, 2011. As our case gained momentum, it also became more complicated as the county sought to defend itselt. There have been in excess of 50 filings, motions, amendments, and responses as our original complaint morphed its way through the legal maze toward the Judge’s decision. We’re not there yet. In late June, 2012, we were forced, yet again, to amend our complaint to include a new owner of the Redlands Mesa property involved in our lawsuit.
In Mar, 2012, CLUC filed a motion for an Injunction to stop Edwin Hostetler from constucting his facility after the BoCC called a special meeting and hastily gave its approval for him to construct. Obtaining an Injunction is extremely difficult, and CLUC did not prevail. However, we were absolutely encouraged and energized by portions of the Judge’s ruling. The Judge found that our case had met the burden of “reasonable probability of success on its merits.” We believe this is a tremendous bellwether for a positive outcome for our case. Plus, the Judge warned that “Mr. Hostetler proceeds with construction work at this junction at his own risk and understands that the county’s approval may ultimately be set aside.”
As our case has gone through its numerous legal gyrations, our costs have grown tremendously, and are now well in excess of $40,000. We need your help with these growing costs, and are asking that you please give as generously as you are able to assist CLUC in its battle for the preservation of Compatible Land Use in our Valley..