The Edmunds County Courthouse was the site of a hearing on Thursday, June 14, 2018, to appeal the actions of the Edmunds County Commission and Zoning Board in approving a building permit for a turkey pod southwest of Ipswich.
Mary Curtis filed the appeals after a permit was approved to build the turkey operation near her home.
Judge Richard Sommers presided at the hearing.
Curtis’s attorney David Geyer called Nathan Davis, the chairman of the Zoning Board, as his first witness. Geyer questioned if Davis had a conflict of interest in the process. Davis owns land that will hold a turkey operation, and members of his family also have interests in the same. Davis said he does not have any interest in the pod near Curtis’s home. That land is owned by Curt Penfield.
When there was a tie vote of the Zoning Board on the Curtis appeal, Davis, as the chairman, voted to deny Curtis’s appeal.
Geyer said a conditional use permit was required in accordance with local zoning ordinances on concentrated animal feeding operations. Davis said the board felt the permit was not required.
States Attorney Vaughn Beck pointed out the permits in the Davis land operations were done prior to Mary’s.
Geyer also spoke with Curtis. She said she was concerned that her property value would be decreased if the turkey operation was built so close to her home. Other concerns included the smell, nuisance problems and increased traffic.
Judge Sommers said his only concern was if the Commissioners or Zoning Board acted illegally.
Geyer and Beck will prepare briefs for the judge, providing the Court with a written analysis comparing the facts of the case to previous cases/rulings. Sommers said he could possibly make a decision on July 2 or 16, depending on the court’s trial calendar.
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