Kenoma plans to house 2,400 hogs in three barns on 30 acres of land. The township’s zoning handbook prohibits concentrated livestock operations or feedlots where at least 800 hogs are raised on less than 160 acres. The regulations require that all sewage lagoons and concentrated animal feeding operations be at least a mile from any homes, and that they be screened from public view.

Gum, who formerly was a judge in the 17th Judicial Circuit of Cass and Johnson counties, wrote that Richland Township did not prove that it had clear and unambiguous authority to regulate Kenoma’s operations, and therefore, the judge must rule in favor of the hog farm.

Gum also ruled that the township’s zoning handbooks are void and unenforceable because the board allegedly violated the Sunshine Law and couldn’t prove that it had met the requirements for notification of public meetings.

The record shows that on several occasions, the township board and/or zoning board did not post public notices of meetings or hearings at which the zoning ordinance was to be discussed the full 15 days in advance, as required by state law pertaining to townships.

In addition, the notices that were posted, the judge ruled, violated the Sunshine Law in that they were not always in a public place or did not list any zoning discussion on the agendas.

The township’s attorney contended that the boards “substantially complied” with the public-meeting requirements, so the judge should not throw out the entire handbook because of some oversight. Gum did not agree, and in his ruling wrote, “The enactment of a zoning ordinance must strictly comply with the statutorily prescribed notice and hearing requirements in order to be valid and enforceable.”

According to the judgment, the township board is responsible for paying the court costs related to the case.

Background

In April, 81 percent of the 206 Richland Township residents who cast ballots voted to enact zoning regulations amid rumors that a large hog farm was moving into the community near Lamar. Kenoma LLC started work on the 2,400-hog farm in June, and the township sued the company in July, alleging that it was violating the township’s zoning rules.

Kenoma is a farmer-owned company that contracts with Synergy, a pork-producing company with offices in Lamar and Sully, Iowa. Kenoma plans to raise nursery pigs to be finished in Iowa. Kenoma owns the structures and employs workers, but Synergy owns the pigs.