Kuehl v. Cass County, Iowa

555 N.W.2d 686, 1996 Iowa Sup. LEXIS 450, 1996 WL 668340
CourtSupreme Court of Iowa
DecidedNovember 20, 1996
Docket95-960
StatusPublished
Cited by10 cases

This text of 555 N.W.2d 686 (Kuehl v. Cass County, Iowa) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kuehl v. Cass County, Iowa, 555 N.W.2d 686, 1996 Iowa Sup. LEXIS 450, 1996 WL 668340 (iowa 1996).

Opinion

*687 CARTER, Justice.

The plaintiffs in the district court, Dale E. Kuehl, Pam S. Kuehl, Clayton Hollman, and Jennifer Hollman (Kuehls and Hollmans), sought to establish that their proposed hog confinement facility in Cass County was exempt from county zoning regulations. The Cass County Board of Adjustment disagreed, as did the district court. The Kuehls and Hollmans urge on this appeal that these decisions represent an erroneous interpretation of Iowa Code section 335.2 (1995). The ap-pellees, who are the county board of adjustment, the county zoning administrator, the county board of supervisors, and Cass County (collectively referred to herein as Cass County), disagree and urge that the district court’s interpretation of the controlling statutes was correct. After reviewing the record and considering the arguments of the parties, we are convinced that the proposed hog confinement facilities are exempt from county zoning regulation as a consequence of being primarily adapted for use for agricultural purposes. We therefore reverse the judgment of the district court.

Kuehls and Hollmans have formed a joint venture for purposes of building and operating a hog confinement operation in Cass County. They propose to build one confinement building to house 2000 hogs and anticipate the building of a second structure of equal size for the same purpose. It is proposed that the facilities will be constructed on a five-acre site to be purchased by the Kuehls and Hollmans. Their contract to purchase the land is subject to satisfactory resolution of the present zoning dispute.

The Cass County zoning administrator determined that the proposed hog confinement facility was not a permissible use under the county zoning ordinance unless plaintiffs obtained a special exception from the board of adjustment. In taMng the matter before the board of adjustment, the plaintiffs contended that no exception was needed because their proposed facility was exempt from county zoning under section 335.2. The board of adjustment voted four to one to uphold the applicability of the zoning regulations to plaintiffs’ proposed hog confinement facilities. In reviewing the board of adjustment’s decision, on a petition for declaratory judgment and a petition for writ of certiorari, the district court upheld that decision.

The only equipment that will be located on the property under the proposed hog confinement operation will be that which is necessary for the proposed hog operation. No other buildings will be located on the site. The two proposed units will have self-contained manure pits located underneath the buildings.

It is contemplated that the manure pits will be emptied by hired labor. Kuehls and Hollmans have oral commitments for access to approximately 1300 acres for manure disposal. At best, however, manure disposal is speculative at this time. A manure management program in conjunction with the U.S.D.A. soil conservation service must be developed prior to operation of the facility.

Pursuant to the Kuehls’ and Hollmans’ plans for development of the facility, the hogs will be raised under a contract with White Oak Mills, a Pennsylvania corporation. This contract will be for five years. White Oak Mills will own the hogs and deliver them to the Kuehls and Hollmans when they are approximately forty-five pounds. Management and labor for the hog operation will be furnished by the Kuehls and Hollmans. At approximately 250 pounds, the hogs will be marketed, and White Oak Mills will receive the sale proceeds.

The Kuehls and Hollmans will receive cash compensation under the agreement for their labor and the use of their facilities. White Oak Mills will purchase all feed for the hogs from local suppliers. The Kuehls and Holl-mans will be responsible for ordering and monitoring the necessary rations. Other services necessary to raise the hogs, such as veterinary services will be provided by local suppliers and paid for by White Oak Mills.

The Kuehls have been engaged in farming in the area of the proposed hog confinement facilities since 1977. They are currently farming 2000 acres of com and soybeans. They own approximately 160 acres of land and cash rent or custom farm the balance. The five-acre site for the proposed hog confinement facilities is adjacent to land now *688 rented by the Kuehls. In addition, the Kuehls currently farrow approximately 3500 to 4000 head of hogs on the farm where they reside. They also custom finish another 3500 head of hogs per year at locations other than the farm where they reside.

The Hollmans reside in Atlantic. Clayton Hollman has been employed as the comptroller of various agribusiness operations, and the Hollmans presently operate a 450-head hog finishing operation on ground rented from the Kuehls. Other facts that are material to the decision of this dispute will be discussed in connection with our consideration of the legal issues presented.

The district court concluded that the “agricultural purposes” exemption contained in section 335.2 does not apply to the Kuehls’ and Hollmans’ proposed hog confinement facilities because those facilities are separate from any farming operation otherwise carried on by the Kuehls or Hollmans. The court derived this rationale from the decision of this court in Farmegg Products, Inc. v. Humboldt County, 190 N.W.2d 454, 457-60 (Iowa 1971). That case involved a facility proposed by an agribusiness corporation for raising 40,000 chicks in confinement every twenty-two weeks. The confinement facility would be located on a four-acre tract purchased by the corporation. At the end of each twenty-two-week period, the chicks would be transferred to egg-producing facilities of the corporation located at another site.

In rejecting a claim that this facility was for “agricultural purposes” and thus exempt from county zoning regulations under section 335.2, this court concluded that:

[T]he question as to whether a particular type of activity is agricultural is not determined by the necessity of the activity to agriculture nor by the physical similarity of the activity to that done by farmers in other situations. The question is whether the activity in the particular case is carried on as part of the agricultural function or is separately organized as an independent productive activity.

Id. at 458 (quoting Farmers Reservoir & Irrigation Co. v. McComb, 337 U.S. 755, 760-61, 69 S.Ct. 1274, 1277-78, 93 L.Ed. 1672, 1679-80 (1949)). In applying that test, this court ultimately concluded with respect to the Farmegg Products’ chick-raising operation that:

It is clear the activity proposed by plaintiff in the present case will be organized and carried on as an independent productive activity and not as part of an agricultural function.

Farmegg Prods., 190 N.W.2d at 459.

Cass County urges that the Farmegg Products decision is controlling and, just as the chick-raising function in that case was not for agricultural purposes, neither are the proposed hog confinement facilities that the Kuehls and Hollmans propose.

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Cite This Page — Counsel Stack

Bluebook (online)
555 N.W.2d 686, 1996 Iowa Sup. LEXIS 450, 1996 WL 668340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuehl-v-cass-county-iowa-iowa-1996.