Hog farm puts soldier at war on two fronts

[debtcollector`]

Anybody know if the Service Member Relief Act applies?

By KAREN DILLON
The Kansas City Star

When Warrant Officer Randell Hettinger comes home from the war, he could have new neighbors — 4,800 feeder hogs living about 1,300 feet from his front door.

That is closer than normally would be allowed — and much closer than Hettinger would like. But while he has been serving in Iraq, his home in Missouri has become the target of another battle.

On one side is the Penn family, which wants to build an indoor hog farm a quarter-mile from Hettinger’s house in Knox County in northeastern Missouri. The county requires a buffer of at least half a mile, but the Penns say Hettinger’s house is legally vacant.

Hogwash, say Hettinger and his parents. The house has been in the family for four generations, and Hettinger was living there last year before being sent overseas.

To try to resolve the case, county commissioners will conduct a hearing Friday before deciding whether to issue a permit to the Penns to build the hog farm.

Hettinger “is in a war zone or dangerous area,” Commissioner Mike McGinnis said. “I wouldn’t want to be over there. This is what is making it such a difficult decision.”

According to a March 28 letter from the Knox County Commission, the evidence was running against Hettinger.

But after a meeting with the Hettingers this month, Presiding Commissioner L.P. Mayfield said the issue remained unsettled. Both sides lack pieces of evidence that he’d like to see, Mayfield said last week.

“This is very controversial,” he said. “The county is split on this right down the middle. … We can’t rule the hogs clear out of the county, because they are our livelihood.”

Randell Hettinger could not be reached for comment, but his parents say he is upset that he may find himself living so close to an indoor hog farm with all of the odors and health concerns that come with it.
full story -- [url]http://www.kansascity.com/news/iraq/story/594750.html[/url]

badapple - is there anything that can be done to stop the hearings until Mr. Hettinger returns from Iraq?

DC

[xylene]

Why is county commisioner (who is making the decision) advocating on behalf of Mr. Hettinger?

I do not understand this situation.

I also don't understand how Mr. Hettinger's presence would change anything, as a lawyer is what is desperately needed here, as would be for anyone civilian or military.

[ElvisG]

If I was him I would seriously hire a lawyer. The Service Member Relief Act only applies to pending trials against a member. Even if it did apply to a public hearing, the Service Member Relief Act could only delay it up to 90 days. The court has the decision to delay it if they chose.

[url]http://www.uscg.mil/legal/la/topics/sscra/about_the_sscra.htm[/url]

There are dairy farms outside the city I live in and my house smells of cow poop 4/7 days of the week. There is no way I would live anywhere within 5 miles much less 1300 ft of pig farm.

[fozzy2]

This is an interesting question. The SCRA applies to "any judicial or administrative proceeding commenced in any court or agency." I'm not certain where a Kansas commissioners court would fall under these definitions, but I imagine a Kansas county attorney could probably tell you whether the commissioners are considered as part of an "agency." Apparently, the commissioners are considered by Kansas to be part of the legislative branch, and thus I wouldn't think they would all under the SCRA, but here they are enforcing codes.....(I wonder if the SCRA might be applied against the County Mangager when he tries to apply a decision of the commissioners).

I also wonder about the nature of the meetings. Is the presence of Hettinger required? Is there any reason he can't make his case in writing?

IF the SCRA applies, then he can request (or the commissioner could grant on their own) a 90 day delay before making any "final judgement". They may require that the servicmember send a letter explaining why he can't attend as well as a letter from his CO stating that he can't leave. The servicemember may request an additional stay, and if it is refused an attorney must be appointed to represent him. This is a part of the law that is often forgotten -- because it can be an incredible hassle for any agency denying a further stay. The law doesn't say who pays for this lawyer, or who the lawyer should be, or even precisely what their duties should be - it just says one should be appointed. (not a good day to be a lawyer sitting in the meeting). Section 202 of the SCRA lays all this out.

So, this poses an interesting question. Normally I would say the legislative branch is exempt from the SCRA, but here they are fulfilling what seems to be an executive type function instead of the County Manager. I'll see if I can find a definitive answer.