ILNews

Supreme Court grants emergency writ for dairy farm case

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court has granted an emergency writ filed by a rural Huntington County dairy farm accused of contaminating local waterways with manure from 1,400 cows.

An order issued Wednesday afternoon bars Huntington Circuit Judge Thomas Hakes from deciding on a preliminary injunction stopping the dairy owner, Johannes DeGroot, from spreading cow manure on nearby fields, until the state's high court can rule on a request for permanent writ of mandamus and prohibition. However, any previous orders issued by the judge remain in effect and he continues to have jurisdiction in the proceedings.

Additional briefing is needed in the case, according to the Supreme Court order. Any supplemental documents must be filed by Wednesday and, once that happens, the court will take the matter under advisement.

During arguments Wednesday in Huntington County, the state said the manure in the water was the latest in a string of 13 violations discovered by the Indiana Department of Environmental Management - which has separately revoked the permit for DeGroot Dairy because of the violations spanning from September 2005 to April 11, 2007.
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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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