Entries in Factory Farms (4)
Factory Farms v. Family Farms Discussion in Worthing
Todd Epp
1 Comment
Email
PrintArgus Leader's Coverage of Moody County Oral Arguments
This coverage today from the Sioux Falls Argus Leader regarding Bechen et al v. Moody Co. Bd. of Commissioners et al before the S.D. Supreme Court.
Yes, I'm proud of my law partner and friend, Jim Abourezk.
I also think this is a major issue affecting our state's democracy.
An excerpt:
PIERRE - The state Supreme Court on Wednesday considered how to balance two treasured South Dakota traditions - the right of referendum and the state's business-friendly policies.
The text of the arguments was over the legal distinction between "administrative" and "legislative" decisions, but the subtext was the familiar debate about where communities should allow large animal feeding operations, and who should decide.
Specifically, whether citizens may vote on permits issued to two new dairies in Moody County last year. Former U.S. Sen. James Abourezk, arguing on behalf of John Bechen of Flandreau and Dakota Rural Action, said it is a legislative action virtually any time a county government issues a permit, and all legislative acts are subject to referendum.
He said refusing that right to vote would constitute "a massive transfer of power."
But State's Attorney Bill Ellingson said issuing permits according to a clear plan is an administrative act, not subject to a vote. Arguing on behalf of the Moody County Board of Commissioners, he said to allow a vote on every such action would hurt businesses and citizens.
KDLT's Coverage of Moody County Case Argued Before the State Supreme Court
This excerpt from KDLT-TV news today re the Moody County dairy cases Jim Abourezk argued today in Pierre before the S.D. Supreme Court:
Today the South Dakota Supreme Court heard the case.The justices will rule on two issues.
If Moody County residents were given enough notice before the county issued the permits and if Moody County residents should be allowed to vote on the matter. Deb Mcintyre\Sierra Club,
"It's like saying do you want your mom and pop quilting operation next door or do you want something that manufactures high grade plastics."
AP Reports Sen. Abourezk's Oral Argument to the Supremes Re Moody County Dairies
This just in. . .
The Aberdeen American News via the AP has run their first story on the oral arguments in the Bechen et al v. Moody County Bd. of Commissioners et all case, argued earlier today before the S.D. Supreme Court in Pierre.
My friend and law partner, Jim Abourezk, argued for the Plaintiff/Appellants, who are citizens of Moody County and the Moody County Chapter of Dakota Rural Action.
Here is an excerpt:
PIERRE, S.D. - Moody County voters should be allowed to decide whether two large dairy operations can be located in the county, the South Dakota Supreme Court was told Wednesday.
When the county Board of Adjustment granted conditional use permits to two large dairy operations last year, the board had complete discretion on whether to approve or deny the permits, said James Abourezk, a Sioux Falls lawyer representing Dakota Rural Action.
The board's discretion means its decision was legislative in nature, so the issue could be referred to a public vote in the county, Abourezk told the high court.
"This court has been very solid in protecting the people's right to vote," Abourezk said.