WORTH COUNTY FRIENDS v. WORTH COUNTY

No. 03-0552.

688 N.W.2d 257 (2004)

WORTH COUNTY FRIENDS OF AGRICULTURE, Ronald Balek, Lynn Butler, Vernon Gordon, Ted Lawyer, Dean Lindflott, Douglas Tempus, and Worth County Farm Bureau, Appellees, v. WORTH COUNTY, Iowa, Beverly Pangburn, Dorothy Hanna, and Darrell Bang, as Members of the Worth County Board of Supervisors, Appellants.

Supreme Court of Iowa.

October 6, 2004.


Attorney(s) appearing for the Case

Charles E. Cutler of Cutler Law Firm, P.C., West Des Moines, for appellants.

Eldon L. McAfee of Beving, Swanson & Forrest, P.C., Des Moines, for appellees-Worth County Friends of Agriculture and individual appellees.

Christina L. Gruenhagen of Iowa Farm Bureau Federation, West Des Moines, and Paul Swinton and James Pugh of Morain, Burlingame & Pugh, P.L.C., West Des Moines, for appellee-Worth County Farm Bureau.

Wallace L. Taylor, Cedar Rapids, and Barclay Rogers of Sierra Club, San Francisco, California, for amici curiae Sierra Club, Iowa Farmers Union, and Worth County Concerned Citizens.

J. Campbell Helton of Whitfield & Eddy, P.L.C., Des Moines, for amici curiae Iowa Farm Bureau Federation, Iowa Cattlemen's Association, Iowa Pork Producers Association, Iowa Poultry Association, Iowa Dairy Products Association, Iowa Soybean Association, Iowa Institute for Cooperatives, Agribusiness Association of Iowa, Iowa Turkey Federation, Iowa State Dairy Association, and Iowa Corn Growers Association.


CADY, Justice.

Worth County and the Worth County Board of Supervisors, collectively referred to as "the County," appeal from a district court order declaring the County Rural Health and Family Farm Protection Ordinance to be void and unenforceable. On our review, we affirm the judgment of the district court.

I. Background Facts and Proceedings

Iowa is largely defined by its proud and rich agricultural economy. Approximately ninety percent of the...

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