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.  

They will be taking their arguments to the Kentucky Court of Appeals. They disagree with Shepherd's order sending the case back to the Energy & Environment Cabinet for more permitting which will require further public hearings. The farms, located in Fulton, Hickman and Carlisle Counties, were vigorously opposed by local residents who live near them.  

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."

Shepherd's 28 page exhaustive opinion follows a 220 plus page recommendation by a hearing officer for the Energy and Environment Cabinet.  That recommendation was appealed to the Cabinet where it was overruled. The Petitioners appealed the Cabinet's action to Franklin Circuit Court.
Shepherd's order sent the matter of the hog farms back to the Cabinet for further action.

It appears that the appeal will stay any further action by the Cabinet. An appeals brief by the farmers' lawyers should be filed before the end of the year with the Kentucky Court of Appeals.  Representing the farmers is the law firm of Greenebaum, Doll & McDonald of Lexington. Representing the residents who brought suit are Tom Fitzgerald of Frankfort and Henry (Hank) Graddy of Midway.