JUSTICE TURNER
delivered the opinion of the court:
In May 2007, plaintiff, Rochester Buckhart Action Group, filed a motion for preliminary injunction against defendant, Robert Young, to enjoin him from constructing or operating a hog farm on his property pending the outcome of litigation. In May 2007, the trial court granted the preliminary injunction. In August 2007, the court denied defendant’s motion to vacate.
On appeal, defendant argues the trial court erred in failing to vacate the preliminary injunction. We reverse and remand.
I. BACKGROUND
Plaintiff is an Illinois general not-for-profit corporation organized to critically examine and oppose activities that adversely influence the use and value of property and the quality of health and the environment in the Rochester and Buckhart areas of Sangamon and Christian Counties. Defendant owns property in Sangamon County and operates a dairy farm, consisting of approximately 40 dairy cows at any given time. Defendant had previously had a hog-confinement building on the property for as many as 2,300 animals, but it was demolished in 2004.
In April 2007, plaintiff filed a three-count complaint against defendant for declaratory judgment (count I), nuisance (count II), and public nuisance (count III). Plaintiff alleged defendant notified the Illinois Department of Agriculture (Department) in February 2006 of his intent to construct a hog finishing operation to house 3,750 hogs at his property. In his notice of intent to construct, defendant stated the proposed facility was an expansion of an existing facility and would not be classified as a “new facility.” He proposed to construct a finisher building with a waste-storage structure under the building. He noted the existing structure “has been razed.” The facility would be within 1,200 feet of an occupied residence and within 3,700 feet of Buckhart. Defendant admitted the location of the proposed facility would violate setback requirements if he were constructing a “new facility.”
In April 2006, the Department informed defendant that the setback requirements had been met. Thereafter, the Department reviewed construction plans and conducted preconstruction site inspections with the understanding defendant’s proposal did not meet the definition of a “new facility.”
Plaintiff claimed the proposed hog operation would produce “massive volumes of feces, urine, blood[,] and other waste,” cause “extremely unpleasant odors,” and “attract insects and disease vectors.” Plaintiff alleged persons residing and businesses operating near the facility would be subject to odors and airborne contaminants that present a high probability of injuring their health and welfare and a diminution of property values.
In May 2007, plaintiff filed a motion for preliminary injunction on count I of the complaint citing the Livestock Management Facilities Act (Act) (510 ILCS 77/1 through 999 (West 2006)). Plaintiff stated the Act provided minimum setbacks, stiffer design requirements, and an opportunity for public notice, comment, and hearing when a “new facility” is contemplated. Plaintiff alleged defendant failed to notify the Department of his intent to construct a “new facility” and failed to subsequently file a registration with the Department. Having failed to comply with the Act’s provisions, he was not authorized to construct the facility. Plaintiff also alleged that even if defendant was expanding an existing facility, it remained a new facility because he was expanding the number of animal units to be confined on the property. Plaintiff sought a preliminary injunction enjoining defendant from constructing and operating a hog farm pending the outcome of the litigation.
In May 2007, the trial court granted the motion for preliminary injunction. The court found plaintiff had shown “there is a fair question that [pjlaintiff will succeed on the merits in claiming [djefendant is constructing a ‘new’ livestock[-]management facility as defined in the Act.” Further, plaintiff would suffer irreparable harm if an injunction did not issue and no adequate remedy at law or in equity existed. The court enjoined defendant from continuing to construct a hog-confinement building on his property pending further order.
In June 2007, defendant answered the complaint, raising as an affirmative defense that he was not constructing a “new” livestock-management facility but expanding an existing facility. In July 2007, defendant filed a motion to vacate the preliminary injunction, stating additional evidence had developed establishing he was expanding an existing facility and the fixed capital costs of the expansion did not exceed 50% of the fixed capital costs of replacing the existing facility with an entirely new one.
Defendant attached the deposition of Warren Goetsch to his motion to vacate. Goetsch, an agricultural engineer, testified he worked as the Department’s bureau chief of environmental programs. He stated a review of defendant’s information and calculations indicated a plan for an expansion of an existing facility. The Department determined defendant’s proposed project came in just below 41% of the fixed capital cost of replacing the entire existing facility, thereby taking the project outside the definition of a “new facility.”
Defendant also filed an affidavit stating the entire subject farm property had previously been designated by the Department as a single livestock-management facility. Further, the property had historically housed “pasture and dairy facilities for dairy cows, both open and closed facilities for raising hogs, and a hog[-] confinement building for the finishing of hogs, which numbered as high as 2,300 animals.” The hog-confinement building had outlived its useful life and was demolished in 2004 to make way for the construction of a replacement building. In June 2006, defendant obtained financing for its construction.
In August 2007, the trial court denied defendant’s motion to vacate the preliminary injunction. Defendant then filed a notice of interlocutory appeal pursuant to Supreme Court Rule 307 (188 Ill. 2d R. 307).
II. ANALYSIS
Defendant argues the trial court erred in declining to vacate the preliminary injunction, thereby enjoining the completion of his hog-confinement building. We agree.
“The purpose of the preliminary injunction is to preserve the status quo pending a decision on the merits of a cause.” Callis, Papa, Jackstadt & Halloran, P.C. v. Norfolk & Western Ry. Co., 195 Ill. 2d 356, 365, 748 N.E.2d 153, 159 (2001).
“To establish entitlement to a preliminary injunctive relief, the plaintiff must demonstrate (1) a clearly ascertainable right that needs protection; (2) irreparable harm without the protection of an injunction; (3) no adequate remedy at law for plaintiffs injury; and (4) a substantial likelihood of success on the merits in the underlying action.” Franz v. Calaco Development Corp., 322 Ill. App. 3d 941, 946, 751 N.E.2d 1250, 1255 (2001).
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JUSTICE TURNER
delivered the opinion of the court:
In May 2007, plaintiff, Rochester Buckhart Action Group, filed a motion for preliminary injunction against defendant, Robert Young, to enjoin him from constructing or operating a hog farm on his property pending the outcome of litigation. In May 2007, the trial court granted the preliminary injunction. In August 2007, the court denied defendant’s motion to vacate.
On appeal, defendant argues the trial court erred in failing to vacate the preliminary injunction. We reverse and remand.
I. BACKGROUND
Plaintiff is an Illinois general not-for-profit corporation organized to critically examine and oppose activities that adversely influence the use and value of property and the quality of health and the environment in the Rochester and Buckhart areas of Sangamon and Christian Counties. Defendant owns property in Sangamon County and operates a dairy farm, consisting of approximately 40 dairy cows at any given time. Defendant had previously had a hog-confinement building on the property for as many as 2,300 animals, but it was demolished in 2004.
In April 2007, plaintiff filed a three-count complaint against defendant for declaratory judgment (count I), nuisance (count II), and public nuisance (count III). Plaintiff alleged defendant notified the Illinois Department of Agriculture (Department) in February 2006 of his intent to construct a hog finishing operation to house 3,750 hogs at his property. In his notice of intent to construct, defendant stated the proposed facility was an expansion of an existing facility and would not be classified as a “new facility.” He proposed to construct a finisher building with a waste-storage structure under the building. He noted the existing structure “has been razed.” The facility would be within 1,200 feet of an occupied residence and within 3,700 feet of Buckhart. Defendant admitted the location of the proposed facility would violate setback requirements if he were constructing a “new facility.”
In April 2006, the Department informed defendant that the setback requirements had been met. Thereafter, the Department reviewed construction plans and conducted preconstruction site inspections with the understanding defendant’s proposal did not meet the definition of a “new facility.”
Plaintiff claimed the proposed hog operation would produce “massive volumes of feces, urine, blood[,] and other waste,” cause “extremely unpleasant odors,” and “attract insects and disease vectors.” Plaintiff alleged persons residing and businesses operating near the facility would be subject to odors and airborne contaminants that present a high probability of injuring their health and welfare and a diminution of property values.
In May 2007, plaintiff filed a motion for preliminary injunction on count I of the complaint citing the Livestock Management Facilities Act (Act) (510 ILCS 77/1 through 999 (West 2006)). Plaintiff stated the Act provided minimum setbacks, stiffer design requirements, and an opportunity for public notice, comment, and hearing when a “new facility” is contemplated. Plaintiff alleged defendant failed to notify the Department of his intent to construct a “new facility” and failed to subsequently file a registration with the Department. Having failed to comply with the Act’s provisions, he was not authorized to construct the facility. Plaintiff also alleged that even if defendant was expanding an existing facility, it remained a new facility because he was expanding the number of animal units to be confined on the property. Plaintiff sought a preliminary injunction enjoining defendant from constructing and operating a hog farm pending the outcome of the litigation.
In May 2007, the trial court granted the motion for preliminary injunction. The court found plaintiff had shown “there is a fair question that [pjlaintiff will succeed on the merits in claiming [djefendant is constructing a ‘new’ livestock[-]management facility as defined in the Act.” Further, plaintiff would suffer irreparable harm if an injunction did not issue and no adequate remedy at law or in equity existed. The court enjoined defendant from continuing to construct a hog-confinement building on his property pending further order.
In June 2007, defendant answered the complaint, raising as an affirmative defense that he was not constructing a “new” livestock-management facility but expanding an existing facility. In July 2007, defendant filed a motion to vacate the preliminary injunction, stating additional evidence had developed establishing he was expanding an existing facility and the fixed capital costs of the expansion did not exceed 50% of the fixed capital costs of replacing the existing facility with an entirely new one.
Defendant attached the deposition of Warren Goetsch to his motion to vacate. Goetsch, an agricultural engineer, testified he worked as the Department’s bureau chief of environmental programs. He stated a review of defendant’s information and calculations indicated a plan for an expansion of an existing facility. The Department determined defendant’s proposed project came in just below 41% of the fixed capital cost of replacing the entire existing facility, thereby taking the project outside the definition of a “new facility.”
Defendant also filed an affidavit stating the entire subject farm property had previously been designated by the Department as a single livestock-management facility. Further, the property had historically housed “pasture and dairy facilities for dairy cows, both open and closed facilities for raising hogs, and a hog[-] confinement building for the finishing of hogs, which numbered as high as 2,300 animals.” The hog-confinement building had outlived its useful life and was demolished in 2004 to make way for the construction of a replacement building. In June 2006, defendant obtained financing for its construction.
In August 2007, the trial court denied defendant’s motion to vacate the preliminary injunction. Defendant then filed a notice of interlocutory appeal pursuant to Supreme Court Rule 307 (188 Ill. 2d R. 307).
II. ANALYSIS
Defendant argues the trial court erred in declining to vacate the preliminary injunction, thereby enjoining the completion of his hog-confinement building. We agree.
“The purpose of the preliminary injunction is to preserve the status quo pending a decision on the merits of a cause.” Callis, Papa, Jackstadt & Halloran, P.C. v. Norfolk & Western Ry. Co., 195 Ill. 2d 356, 365, 748 N.E.2d 153, 159 (2001).
“To establish entitlement to a preliminary injunctive relief, the plaintiff must demonstrate (1) a clearly ascertainable right that needs protection; (2) irreparable harm without the protection of an injunction; (3) no adequate remedy at law for plaintiffs injury; and (4) a substantial likelihood of success on the merits in the underlying action.” Franz v. Calaco Development Corp., 322 Ill. App. 3d 941, 946, 751 N.E.2d 1250, 1255 (2001).
The trial court has the inherent power during the pendency of a case to issue, modify, or vacate a preliminary injunction. Patrick Media Group, Inc. v. City of Chicago, 252 Ill. App. 3d 942, 946, 626 N.E.2d 1062, 1065 (1993). The court has the power “to dissolve a preliminary injunction absent change of facts or law from the time of issuance to the time of dissolution, provided a sufficient basis exists to support dissolution.” Patrick, 252 Ill. App. 3d at 946, 626 N.E.2d at 1065. On appeal, a trial court’s decision to uphold or dissolve the injunction will be not be reversed absent an abuse of discretion. Patrick, 252 Ill. App. 3d at 946, 626 N.E.2d at 1065.
Here, the trial court found plaintiff had a clearly ascertainable right in need of protection, namely, the rights of citizens of Sangamon County and nearby residents to be afforded the protections and procedural rights of the Act; irreparable harm would result if an injunction did not issue; no adequate remedy at law or in equity existed; and plaintiff showed a fair question it would succeed on the merits.
The issue raised in defendant’s motion to vacate was whether a fair question existed that plaintiff would succeed on the merits in claiming defendant was constructing a new livestock-management facility as defined in the Act. The Act imposes certain requirements on new facilities. Any new facility must comply with certain setback requirements (510 ILCS 77/35(c) (West 2006)), have the proposal subjected to public notice and informational meetings (510 ILCS 77/12 (West 2006)), and adhere to construction restrictions and siting prohibitions (510 ILCS 77/13(b) (West 2006)).
The issue of whether defendant’s proposal constitutes a new facility or simply the expansion of an existing one depends on the definition of “new facility” as set forth in the Act.
“ ‘New facility’ means a livestock[-]management facility or a livestock waste[-]handling facility the construction or expansion of which is commenced on or after the effective date of this Act [May 21, 1996]. Expanding a facility where the fixed capital cost of the new components constructed within a 2-year period does not exceed 50% of the fixed capital cost of a comparable entirely new facility shall not be deemed a new facility as used in this Act.” 510 ILCS 77/10.45 (West 2006).
At the time of the lawsuit, defendant’s farm property included a dairy-cow operation. A “ ‘[l]ivestock[-]management facility’ means any animal feeding operation, livestock shelter, or on-farm milking and accompanying milk-handling area.” 510 ILCS 77/10.30 (West 2006). Plaintiff does not argue the dairy-cow operation does not constitute a livestock-management facility. Instead, plaintiff claims defendant proposed to construct a new facility for the hogs. Defendant’s facility had at one time utilized a hog-confinement building and pit with over 2,000 hogs. By 1999, the hog-confinement building had outlived its useful life, and it was demolished in 2004 to make way for a replacement. Defendant proposed construction of the replacement building in 2006.
The evidence before the trial court on the motion to vacate indicates defendant’s proposed construction did not constitute a “new” facility. Instead, the facility already existed. Whether considering the dairy-cow operation alone, or together with the dormant hog operation, a livestock-management facility was then operating. This is not a situation where an applicant proposed to build “an entirely new facility,” as queried in the Department’s application form, and construct that facility from the ground up on a barren piece of land.
Plaintiff argues defendant is proposing a new facility, not simply spreading out his existing dairy operation. However, defendant sought to build a structure to house hogs on top of a waste-storage containment area at the site where a similar structure had been demolished. Moreover, the Act does not differentiate among species in defining new facilities or livestock-management facilities, referring only to “animals” or “livestock.” Goetsch, the Department’s bureau chief of environmental programs, pointed out the Act is “species neutral.” Nowhere in the Act can plaintiff show that introducing, or reintroducing, as is the case here, a new or different species at a facility constitutes the establishment of a new facility. Further, the Act does not consider the number of animals present or being added to a facility in determining whether a facility is new. Plaintiffs claim that different facilities would result — that being an animal feeding operation and the other a milking operation — fails to recognize that cows are fed to produce milk. Here, the facility was not new, in terms of infancy, but was the expansion of an existing operation.
An expansion could still be deemed a “new facility” if certain amounts are expended as stated in the Act. “Expanding a facility where the fixed capital cost of the new components constructed within a 2-year period does not exceed 50% of the fixed capital cost of a comparable entirely new facility shall not be deemed a new facility as used in this Act.” 510 ILCS 77/10.45 (West 2006).
In the case sub judice, Goetsch found a review of defendant’s application indicated a plan for the expansion of an existing facility. Based on defendant’s cost projections, the proposed project came in slightly below 41% of the fixed capital cost of replacing the entire existing facility. Thus, the expansion project did not meet the definition of “new facility” since the costs did not exceed 50% of the cost of a comparable entirely new facility.
We note the General Assembly found the current trend in the livestock industry was “for larger concentration of animals at a livestock[-]management facility due to various market forces.” 510 ILCS 77/5(a)(4) (West 2006). With an increasing number of animals comes the “potential for greater impacts on the immediate area.” 510 ILCS 77/5(a)(6) (West 2006). “[T]he purpose of the Act is twofold: to promote the livestock industry and to make sure that the livestock industry is a good neighbor to nearby residents.” Nickels v. Burnett, 343 Ill. App. 3d 654, 660, 798 N.E.2d 817, 823-24 (2003); see also 510 ILCS 77/5(b) (West 2006). Although plaintiff no doubt has valid concerns about the arrival of 3,750 hogs in the neighborhood, the facts in this case do not establish the construction of a new facility as defined by the Act. In arguing a new facility was being constructed, plaintiffs contentions regarding the different species involved here and the increased number of animals on-site are not covered in the Act and are matters better suited for the General Assembly in determining the restrictions and requirements for the construction of new facilities and the expansion of existing ones. As defendant’s proposal does not show the construction of a new facility, the trial court erred in denying the motion to vacate. Accordingly, the preliminary injunction must be dissolved. We make no determination as to the merits of any current or future issues before the trial court.
III. CONCLUSION
For the reasons stated, we reverse the trial court’s judgment and remand for further proceedings.
Reversed and remanded.
APPLETON, PJ., concurs.