County, J-Star reach deal

Jay County Plan Commission was focused Thursday on a discussion of moratoriums, but it also resolved a violation issue with the suspension’s catalyst.
The commission approved 8-1 accepting a settlement with J-Star Farms, after Jay Circuit Court placed maximum fines on the concentrated animal feeding operation. It also approved unanimously changing the county’s zoning ordinance to coincide with state maximum amounts on fines for violations.
J-Star Farms began construction of its proposed CAFO in August before receiving a building permit, in violation of the county’s zoning ordinance, which led to the county filing a civil suit.
With a maximum fine of $2,500 for the first violation and $300 for subsequent violations, the court rendered a judgment for J-Star to pay $7,900 in fines, $5,000 in attorney fees and $160 in court costs.
The CAFO won’t receive its building permit, which has gone through the 30-day public comment period, until it pays the settlement.
Those on the commission accepted the settlement, with Paula Confer dissenting, but some weren’t happy with the taste it left in their mouth.
“We’re prevented by law on what we can do, and I don’t like it,” said commission member Mike Rockwell. “Have to hold our nose and accept it because our lawyer says so.”
The county was already in line with the state maximum on the first violation, but commission members wanted subsequent violations to also be as high as possible. Indiana’s maximum penalty for subsequent zoning ordinance violations is $7,500, and Rockwell commented that raising the county’s standards to that amount would show the serious nature of the situation because it’s “a lot of money to everybody.”
The commission unanimously voted in favor of amending the ordinance to impose the “maximum amounts allowed by the state” on those who violate zoning code.
The ordinance will now go through the amendment process, including a public hearing followed by a vote on approval by Jay County Commissioners.