BLOOMSBURG - A Columbia County judge ordered the attorneys in a Cleveland Township appeals case to transcribe testimony at the next zoning board hearing before deciding whether residents fighting against proposed chicken barns must post a $151,100 bond.
Judge Gary E. Norton addressed more than 50 people in courtroom 1 in the county courthouse Monday afternoon after meeting privately with Atty. Joseph C. Michetti, who is representing the residents, and Atty. Lloyd Hampton, who is representing Joel and Sarah Knoebel, the couple hoping to build the chicken barns.
He said it would be redundant for the parties involved to provide testimony for hours in his courtroom when they were already in the process of doing so during the zoning hearing board meetings.
Last week, there was nearly four hours of testimony concerning the residents' appeal, and they will be meeting again at 7 p.m. Monday at the Cleveland Township Municipal building, at which time there will likely be another four hours of testimony.
Norton instructed the attorneys to have that meeting, type up a transcript and submit it and briefs to the court for review by July 8.
At that time, another hearing will be scheduled to determine whether the residents must post the bond for the appeal process.
While the decision of the zoning board is appealable - and whichever side loses will likely appeal to the higher court in front of Norton - the bond is not appealable.
'Frivolous' case?
The Knoebels, of 110 Center School Road, are the owners of Cleveland Pork, a five-year-old pork producing operation contracted with County View Family Farms, Middletown.
They were given permits to build two 43-by-500-foot poultry barns along Wynn School Road on part of a 76-acre tract of land in February, but the residents appealed their permits in March, saying building a Concentrated Animal Feeding Operation (CAFO) would be detrimental to their health, quality of life and property value.
However, the Knoebels say the zoning process has cost them income and the ability to expand their agriculture business, and call the residents' case "frivolous," because the property is in a R2 Residential Medium District zone, which allows for conditional use of agriculture and horticulture.
Lost revenue
The six-figure bond was determined by how much the barns could make Knoebel, how much he is losing in selling chicken manure, increased costs, attorney fees and miscellaneous and incidental costs, including lost interest.
If the residents lose their case, the bond would be made payable immediately to the Knoebels if the judge determines whether there should be a bond in the appeal process.
Johanna Lucid, of 24 Wynn School Road; Barbara Freeman, of 74 Wynn School Road, and Marianne Zenyuch, of 89 Monroe Drive, sat with Michetti in the front of the courtroom. Joel Knoebel and his wife sat in the front with Hampton.
Last week, Lucid said she and her husband Tom would be stuck if the barns were built, saying they don't have the money to move.
Knoebel and Hampton both declined comment after the court hearing Monday.
The Knoebels already operate two CAFOs on their 600 acres of property in the region: a 4,500-pig farm located on their home property, approximately three miles east of the R2 District, which is operated under Cleveland Pork; and a 2,200-pig farm located in Irish Valley, operated under the name RK Farms Inc.
Since last year
The battle began in April 2012 when the Knoebels spread manure on farmland surrounding Wynn School, Middle and Polk roads. Residents complained about the "overwhelming" stench and expressed concerns about their health.
Residents have been pushing for the Cleveland Township supervisors to pass an amendment to the zoning ordinance that would limit large-scale animal farms in a residential district. It would ban against a CAFO from exceeding 100 livestock animals within 500 yards of a residential dwelling in the R2 district.