A judge rules for farming rights — but where does that leave an individual’s claim?

After years of wrangling and weeks of trial, a jury says a huge chicken farm can stay put in western Colorado. This complicated trespass case pitted Susan Raymond, a local veterinarian, against her neighbor, Edwin Hostetler, who operates a 15,000 hen egg-laying facility.

Raymond claimed that her health, her veterinary business, and the value of her property had suffered as a result of emissions from Hostetler’s farm. 

The decision marks a major moment in a tense five-year conflict. In the fall of 2013, the Delta County District Court ordered the Board of County Commissioners to issue a cease and desist order for the facility, deeming it “incompatible with the neighborhood.” But the Colorado Court of Appeals later overturned the verdict, allowing the chicken house to reopen.

A disagreement between neighbors on Powell Mesa in rural Delta County — where there are no hard zoning regulations — may seem minor. But it has significant implications for the rights of farmers and individual property owners. The Delta County Farm and Livestock Bureau has been actively involved, hosting fundraisers for Hostetler’s defense and galvanizing members to support his cause. “We determined, long ago, that they were a good, well run outfit and a family farm,” Olen Lund, the president of the Delta Farm Bureau, told me after the verdict.

In March, Lund, who is also a former Delta County Commissioner, wrote to Forrest Lucas, an oil executive and the founder of a nonprofit called Protect the Harvest, which opposes “animal rights groups and anti-farming extremists.” In his letter, Lund requested financial support for the Hostetler defense and help getting the word out. If Raymond were to win, Lund wrote, “a disgruntled neighbor, or purposeful activist group, would have precedent to single out a single operator and legally ‘hound’ them to their demise.” In a recent interview, Hostetler agreed. “This is an issue that’s far-reaching,” he said.

Lund’s letter spurred Protect the Harvest to post a call to action on its website: “We need to pull together to help support this family. Please spread the word, and if you can, donate.” The post included Lund’s letter in full, as well as an address to send checks directly to the Delta Farm Bureau. According to Lund, the Farm Bureau has received donations from “dozens if not hundreds” of people, though these contributions cover only “a pretty small fraction” of Hostetler’s legal fees.

Citing concerns about the Farm Bureau’s influence and negative treatment by the local media, Raymond attempted multiple times to have the trial moved to another county. “I’m not fighting my neighbor,” Raymond told me. “I’m fighting the Farm Bureau.”