The ruling is the result of a court suit filed by LHR Farms south of Cleveland challenging the county's enactment of a Land Application System ordinance.
County officials had said that the ordinances are within their power to protect the health and safety of county residents.
The ruling also impacts the county's ability to control a proposed sewage treatment facility on Paradise Valley Road north of Cleveland. Commission Chairman Travis Turner said the board is pleased that the court found that the county did not violate LHR's constitutional rights and no monetary award was made, but Turner said the court order enjoins the enforcement of the county's ability to follow through with the enforcement of their LAS regulations.
Furthermore, Turner said "We have received counsel advice that it would be unfruitful to continue to appeal this decision."
Turner did call on the citizens of the county to help in changing this situation by contacting their legislators and "express the desire that laws be rewritten explicitly authorizing local governments in regulating of land application system."
The commission chairman pointed out during the meeting that the county currently does not have any land use policies and that they will be meeting with staff within the next 30 days to come up with a plan to present to the citizens that will help protect land owners as the county grows.
http://accesswdun.com/article/2012/5/248380