Hog confinement ruling favors county

Red Willow County District Judge John Battershell ruled Thursday in favor of Red Willow County's zoning board of adjustment in a lawsuit filed by a Danbury-area farmer-rancher who objected to two large-scale hog confinement units built in the fall of 2001 near his home southeast of McCook.

Defending itself in the lawsuit cost Red Willow County $11,208.69.

In his lawsuit, Dewayne Hanchera -- who lives east of hog confinement units owned by Furnas County Farms of Columbus -- claimed the company did not obtain county zoning permits before beginning construction in early October 2001.

Interim Zoning Administrator Sue Doak ruled Oct. 31, 2001, that the operations should be grandfathered in because significant construction was under way before the county's zoning ordinances went into effect at 12:01 a.m., Oct. 16, 2001.

Hanchera requested several times that county commissioners force a stop to construction, and filed an appeal to Doak's decision with the zoning board of adjustment on Jan. 5, 2002.

The county's zoning board conducted two public hearings and, on Feb. 19, 2002, agreed, on a 3-2 vote, with Doak's decision.

Hanchera filed his lawsuit with the district court March 6. Battershell's ruling "wholly and in total" affirms the adjustment board's decision to grandfather in the two hog confinement units.

To defend the zoning board, county commissioners hired outside counsel, a Lincoln attorney for whom zoning is an area of expertise. Dave Jarecke was paid $140 an hour. The cost of the defense, paid by Red Willow County taxpayers, totaled $11,208.69: legal fees, $10,686.21; transcriptionist, $435.84; miscellaneous, $86.64.