Farmer files lawsuit over hog zoning

A McCook farmer has filed a lawsuit in Red Willow County District Court, asking the county's zoning administrator to enforce a ruling that indicates two large-scale hog operations will need to apply for and obtain zoning permits.

Greg Reiners's lawsuit filed against the county's zoning administrator claims that Sand Livestock is operating the Kircher and Geihsler hog facilities southeast of McCook without conditional use permits required for the handling of livestock waste.

Reiners is asking that the county's zoning administrator enforce a ruling made Oct. 31, 2001, that indicates the two facilities will need conditional use permits for the handling of the waste from their hogs.

Reiners's lawsuit claims that the October 2001 ruling from then-zoning administrator Susan Doak states the facilities were substantially built before the county's zoning regulations went into effect on Oct. 16, 2001, and thus, no permits would be required. The letter from Doak indicates, however, that the waste at the facilities will fall under the new zoning regulations and the application of the waste (on farmland) will require conditional use permits.

Reiners claims in his lawsuit that no applications for conditional use permits have been filed in connection with Sand Livestock's waste handling at the two Red Willow County properties, and therefore Sand is operating without the appropriate zoning permits.

Reiners said the zoning administrator did not respond to his request on Sept. 26, 2002, that she enforce the October 31 ruling.

Reiners claims that sometime before September 2002, livestock was delivered to the Kircher and Geihsler locations and the facility began to collect and store waste. Sometime prior to Nov. 30, 2002, Reiners said, the waste was transported and applied to properties in Red Willow County, and that livestock waste continues to be collected, stored, managed and applied at and from these locations.

In his lawsuit, Reiners claims he has a right to protection of health, safety and quality of life.