Judge Issues Preliminary Injunction Restraining Operation of CAFO

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For Immediate Release

October 21, 2008

Contact
Matthew Alschuler 815-745-2500
Jim Francis 815-745-3496
Tom Bergstrom 815-745-3498
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Judge Issues Preliminary Injunction Restraining Operation of CAFO High probability of creating an environment injurious to the public health.

On Monday, October 20, 2008, Judge Kevin J. Ward of Jo Daviess County signed a Preliminary Injunction Order restraining the operation of a proposed 6,850 animal unit concentrated animal feeding operation (CAFO) dairy less than a mile from the town of Nora, Illinois in eastern Jo Daviess County.
Click here for PDF of the Preliminary Injunction Order
Click here for Mega Dairy Injunction: 10/23/08ry Advisory

In the ruling Judge Ward said:
"Groundwater contamination from Defendant Bos' proposed livestock management facility would constitute a substantial future harm and the proposed facility presents a high probability of creating a public and private nuisance by creating an environment injurious to the health and welfare of surrounding neighbors and the public at large.

"As such, Plaintiffs have no adequate remedy at law and irreparable harm is likely to result if a preliminary injunction is not granted."

Members of HOMES, a not-for-profit Illinois Corporation, which was formed early this year to oppose this facility, are very pleased with this ruling.

"An impartial judge listened to the same state experts we've been talking to all year, and agreed that this facility should not be built here in Jo Daviess County," said Jim Francis, president of HOMES. "It's a shame that private citizens have had to spend so much time and money to protect their health and community from an out of state investor."

"We're just trying to keep our air clean and our water safe," said Matthew Alschuler, a HOMES board member, "if the fish die, and our wells go bad, our pastoral county will become a wasteland."

On Thursday, October 23rd, Judge Ward will be meeting with lawyers from both parties to set a date for the bond hearing. The amount of bond HOMES will be required to post is at the discretion of the Judge. In some similar cases, where not-for-profit organizations sued to protect the public health, bond was not required.

For more information, please visit the web site: StopTheMegaDairy.org or email:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it .