Motion Filed To Halt Gage County Swine Facility

By Gordon HopkinsGage County Supervisors indicated at a hearing Wednesday morning, October 18, that they will make a decision on whether or not to approve a special use permit to allow for the construction of a CAFO (concentrated animal feeding operation) near Liberty.Resident Don Singleton warned, if the supervisors approve the permit, “There will be a lawsuit.”Restraining OrderIn fact, some opponents of the CAFO have already taken legal action. Patricia Barnard, Clint Rule, Vicky White and Margaret Haith are listed as plaintiffs on a Motion for a Temporary Restraining Order filed October 13, 2023. The plaintiffs are represented by attorney Timothy J. Buckley of Omaha.The Island Grove Summit Swine CAFO is expected to hold an estimated 6,200 animals in section 25 of Island Grove Township, just north of Liberty and near the Gage-Pawnee County line.According to the Motion for a Temporary Restraining Order, the plaintiffs contend: Unless this Motion is granted, Plaintiffs will suffer great and irreparable harm; There is a substantial likelihood that Plaintiffs will prevail on the merits of its Complaint; The threatened injury to Plaintiffs outweighs any threatened harm a temporary injunction may cause Defendant; and Plaintiffs have no adequate remedy at law for the harm and damage Plaintiffs are likely to suffer.District Court Judge Rick A. Schreiner denied the motion on Monday, October 16, but another court hearing is scheduled for October 30.Otto Farms and Summit Pork are both represented by attorney Steve Mossman of Lincoln.RecusalOne Supervisor, Chairperson Erich Tiemann, had to recuse himself at the recent hearing due to a potential conflict of interest. The nature of that conflict of interest was not revealed at the hearing. Supervisor Don Schuller later reported, “He or a family member has a potential financial interest.”County Attorney Roger Harris stated a vote of five in favor is still needed to have a super majority approval.The Gage County Planning and Zoning (P&Z) Board voted to recommend approval of the special use permit. The vote was five to one, with one abstention. One member of the board, Terry Acton, was advised by the county attorney to recuse himself over a conflict of interest. Acton had earlier signed a petition opposing the project.HearingBoth supporters and opponents had another opportunity to express their opinions to the Board of Supervisors at the hearing.Many residents of Liberty and the surrounding region attending the hearing to ask the board to deny the permit. Concerns raised include the water table, odor and whether the road can handle the anticipated additional traffic.Corporate Versus Family FarmingA number of opponents have objected to what they call “corporate farming.”“So we’re asking you not to cave to this corporate capture by Summit Port by throwing your good hard working people into their big pit,” said Vicky White of Liberty. “Democracy won’t mean anything if you vote for this against the wishes of the people at Gage County, liberty and island Grove Township.”Don Singleton said, “What will happen when we allow these corporations that come in and destroy our way of life the way like we’ve worked very hard for it? If you’re a farmer, you understand that it’s going to be destroyed.”Carl Jacobson with Summit Pork disputes the “corporate” label, describing his business as family-owned, “Ultimately in my mind, this isn’t corporate hog farming. This is modern hog farming.”“We’re working with a group in a neighboring county that employs people out in Gage County. They buy feed in Gage County. Our general contractors from Gage County employs people I Gage County. A lot of the subcontractors are very local on this project. And ultimately, I think that’s important,” said Jacobson. “This is going to allow their business to stay competitive in the long term. Not today, not tomorrow, but 10, 20 years down the road. Because we know and we’ve all talked about protein production nowadays, and the Livingston family wants to stay competitive in the market, in the hog industry today. And that’s a family owned business. That is right here, southeast Nebraska, employing people, buying corn, buying inputs, buying supplies.”

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