Farmers appeal filed in hog farm case
Wednesday, November 25, 2009 12:18 pm The farmer Respondents are not happy with the decision issued on November 16th by Franklin Circuit Court Judge Phillip Shepherd in a suit filed by local residents who allege the smell and pollution from large hog barns near their homes is damaging them. The farmers filed their notice of appeal on Friday in Franklin Circuit Court. The Respondents are unhappy with a decision by Franklin Circuit Court Judge Phillip Shepherd issued on November 16th. Shepherd found that their operations are subject to air quality regulations and that Jimmy Tosh of Tosh Farms should be a co-permittee, responsible with the farmers for compliance with the permit regulations. Shepherd noted in his decision that the Petitioners' request to make Tosh a co-permittee should not have been denied because "Although Tosh has chosen to delegate certain limited contractual rightsl to the farmer-permittees, Tosh retains ownership of all the animals, as well as effective legal control voe rthe conditions of their confienment, their feeding , and the processing and handlingof the massive amounts of manuure that the animals produce while confined."
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