![]() ![]() 077 to follow certain procedures in the adoption of or amendment of ordinances, and is further prohibited by Section 2 of the Kentucky Constitution from acting in a manner that is arbitrary.ĥ. As chief executive of the County and a member of the Fulton County Fiscal Court, Mr. Harold Garrison is sued in his official capacity as County Judge Executive of Fulton County, Kentucky, which by motion on adopted a document purporting to establish regulations and a general permit for swine feeding operations, and to delegate the review and approval of such permits to an agent of the Fiscal Court, L. Sharp of the ability to review and to provide comment on the adopted regulations and general permit.Ĥ. The failure to follow mandatory procedures deprived Mr. Sharp has informational interests that have been injured by the failure of the Fulton County Fiscal Court to proper publish and to allow public review and comment on proposed ordinances. Numerous studies indicate that the airborne emissions from such facilities and from the land application of wastes produced by such facilities can interfere with the uses of nearby lands.ģ. Sharp has interests in the peaceful use and enjoyment of his property interests which may be affected by the construction or operation of swine feeding facilities. Sharp that are or may be adversely affected are interests in the maintenance of the value of his property, since the operation of intensive swine feeding operations has been demonstrated in numerous studies to have an adverse effect on the value of nearby properties.Ģ. Sharp is a person with interests which are or may be adversely affected by the adoption by the Fulton County Fiscal Court, without proper compliance with applicable law, of a set of regulations and general permit for swine feeding facilities in Fulton County, Kentucky. Barry Sharp is a resident of Fulton County and a property owner, residing at 312 Hickory Lane, Fulton, Kentucky 42041. ![]() Amberg, and Chad Everett, prohibiting construction or operation of any swine feeding facility absent proper compliance with Ordinance 97-5.ġ. This action also arises under Section 2 of the Kentucky Constitution, which prohibits arbitrary government action, seeking a declaration that the action taken by the Fulton County Fiscal Court to adopt the regulations and general permit and to delegate the review and issuance of permits to a single individual under said regulations and general permit was arbitrary, capricious and otherwise inconsistent with law for want of compliance with the mandatory procedures established under KRS 67.075 through 67.077 for adoption of ordinances and for amendments to ordinances, and that all permits issued by such individual under the unlawfully-adopted regulations and general permit are void ab initio.įinally, this action seeks temporary and injunctive relief against county officials and the Fulton County Fiscal Court prohibiting approval of any applications to construct or operate swine feeding facilities in Fulton County under the improperly-adopted regulations and general permit, and against the five holders of the four permits issued under such improper procedures, Ralph Wayne Adams, Jr., Matt Mose, Jim Mose, J.P. This action arises under the provisions of the Kentucky Declaratory Judgment Act, KRS 418.040 et seq., seeking a declaration of rights between the Plaintiff and the named local government officials and holders of ?swine feeding facility permits, concerning the validity of action taken by the Fulton County Fiscal Court on to adopt, by motion, a document purporting to be regulations and a general permit authorizing construction and operation of a swine feeding facility in Fulton County. ![]() VERIFIED COMPLAINT FOR DECLARATION OF RIGHTS AND INJUNCTIVE RELIEF ROSCOE HUTCHINS in his official capacity as ![]() HAROLD GARRISON, in his official capacityīILLY NELMS, JR. ![]()
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