Archive for Thursday, June 25, 2009

Horse manure spurs debate, court battle

By Nicole Kelley

June 25, 2009

The City of Edwardsville is headed to court after a failed last-ditch effort to come to an agreement with a landowner accused of violating the city’s environmental code.

A hearing was conducted Monday night in which the city presented its case against S.L. Davidson Farms, a horse rescue business and private residence of Sam and Connie Davidson, located at 937 Edwardsville Drive. City Attorney David Duckers said the farm was in violation of general nuisance laws regarding odor and lack of movement of animal waste.

City Administrator Michael Webb was the first to testify on behalf of the city. Webb said the city had received several complaints from neighbors regarding the large amount of flies the property attracted and damage to water systems located near the property.

“But the primary issues are the excrement and how it’s being handled or not being handled, which our health code has reference to, and the unsightliness of material left on the property,” Webb said.

This was the not the first time the city and the Davidsons have met to work out the issue. In December 2008, the two sides worked with a mediation team from the Wyandotte County K-State Extension Office in hopes of reaching a peaceful resolution. That effort did not work, and accusations and defenses continued to fly.

Edwardsville Police Chief Mark Mathies was the next up to the podium. Mathies said after being briefed on the neighbor’s complaints, he toured the property on March 20, 2008.

“At that time, there were 31 horses on 8 acres of property,” he said. “There was a foul smell omitting, from a sewer or animal waste, or possibly both.”

Mathies said there was also a problem with a septic tank discovered that was causing sewer to run down the property in a southeast direction. Mathies said the landowner was notified the conditions of the property were unacceptable.

While some initial improvements were made, Mathies said he drove by the property recently and the farm “seems to have gone down hill again.”

Speaking for the Davidsons, Ginger Brady from the Douglas Patterson Property Law Firm, LLC in Leawood, said that even though the Davidsons have gone to the trouble of correcting many of the complaints, including the septic tank, there is a plain and simple truth: governing bodies can not infringe on the rights of farmers to conduct their business in the way a farm must be run.

“The Davidsons have approximately 10 acres of land that is zoned agricultural. It’s always been zoned agricultural. Surrounding landowners purchased their land knowing it was abutting an existing farm,” Brady said. “It smells like a farm when the wind blows the right way. But governing bodies can not infringe on the right of farm owners to operate their business.”

Brady continued by saying there were several laws — The Federal Protection of Farmland, the Kansas Protection of Farmland and the Kansas Right to Farm Act — in place that support the Davidsons. She said these laws are meant to protect farmers from lawsuits claiming a farm is a nuisance “for smelling like a farm.”

Brady said she welcomed any council member to the property to see for himself that the Davidsons are not in violation of any health codes. In fact, she said, the Davidsons have invited representatives to the property from Wyandotte County Animal Control and the Wyandotte County Health and Environment agency, who have all given the Davidsons clearance that no wrong doing has occurred.

Frank Van Fleet with the Wyandotte County Farm Bureau continued Brady’s argument that farmers have the right to run their business in an acceptable agricultural manner, which differs from a typical landowner.

“It’s puzzles me as to why you attempt to pass ordinances that are in complete violation of the state statute,” he said. “You can do it, but you can’t enforce it. We’re going to battle you all the way to protect the farmers of Wyandotte County and the farmers of the state of Kansas.”

Despite the Davidsons defense, the council still found, 4-0, with John Eickhoff absent, that the property was in violation of the city ordinances.

Comments

  1. sldavidsonfarms (anonymous) says…

    We are missing the point here I think , Its not that we are in violation of State or federal law , which governs farm land across the Nation . It's that the city of Edwardsville doesn't think the State Statutes starting with Chapter 12.--cities and municipalities
    Article 7.--planning and zoning
    12-758. Same; existing uses; alterations; agricultural land exempted.Ordinances and amendments thereto, regulations adopted under authority of this act shall not apply to the existing use of any building or land, but shall apply to any alteration of a building to provide for a change in use or a change in the use of any building or land after the effective date of any regulations adopted under this act. History: L. 1991, ch. 56, § 18; L. 1997, ch. 147, § 9; May 1.
    which gives the cities guide lines for enacting ordinances. We think the city is trying to be the 500 pound gorilla and do as they please inspite of State laws exempting farm land . The city has spent thousands already fighting a battle they can't win with the are about to be sued plus thousands on attorney fees and still wanting to spend $500,000.00 on there offices at city hall . It is true the the Davidson's own ahl rescue but the Davidson's are a production breeding farm of World Class Equines first (Standing 5 Stallions ) and 23 brood mares and the city has been trying to regulate our farm production .and wants us to close the rescue altogether .