News from June 12, 2003 issue



Both sides will appeal chicken issues
BY CHRIS EVANS, PRESS EDITOR

Both sides say they will appeal last week's verdict and penalty in the local chicken case.
A District Court jury found Tyson Foods and B&G Poultry guilty of violating a City of Marion nuisance ordinance on two days in the summer of 2000. The defendants were acquitted on charges that they violated the ordinance on a third day.

The jury assessed a maximum fine of $500 per offense.

Crittenden County Attorney Alan Stout, who prosecuted the case, says it's unusual for him to consider an appeal of a guilty verdict, but this case has been unique from the outset.
"The Commonwealth will appeal the penalty provision," Stout said this week, pointing to District Judge Rene Williams' order that struck down the city's potential fine of $250 per day, per animal.

The city's per-animal fine could have cost the chicken growers millions of dollars considering that there are sometimes 400,000 birds on the farm. Judge Williams ruled more than two years ago that the city fine was too high and set the maximum at $500 per day.

"The fine is a joke," said Shawn Stinnett, who lives in Greenwood Heights next to the chicken farm and operates a used car lot just down the road from the 16 broiler houses. Almost all of the complaining witnesses live in or near Greenwood Heights, a
See APPEAL/page 2Asubdivision on the edge of the city limits and only a few hundred yards from the chicken facility.

Stinnett testified at the trial, but was not one of the official complaining witnesses who brought criminal charges against Tyson, the world's largest integrated poultry producer and packer, and its local contract grower B&G Poultry, which is owned by Bud Wardlaw.

"The fine should be $50,000," Stinnett suggested. "Maybe a civil suit would be something to look at."

Stinnett was involved in a 1997 suit brought by about 50 area residents who tried to block the chicken houses from being built. He said last week's verdict indicates that the chicken growers violated an order by special Circuit Judge Bill Cunningham in 1997.

Cunningham put several demands on the chicken growers, but did not prevent them from building the houses, which grow day-old chickens into adulthood in a matter of weeks. Among Cunningham's orders were that there could be no more chicken barns built at the location, no natural barriers such as trees could be cut and B&G's driveway had to be blacktopped to cut down on dust.

Allen Lynn, a former Greenwood Heights resident and city councilman agrees.
"All of this has helped," he said, pointing to Cunningham's 1997 order and last week's guilty verdict. However, he says additional legal action in civil court may not be a viable option because of the expense.

"I don't know who would (bring civil action)," he said. "Most of us couldn't stand it financially because it could cost thousands of dollars. You see how they have all of these appeals. Why, it could drag out forever."

As for Tyson Foods, the Arkansas-based corporation plans to appeal several issues in the case. Ed Nicholson, a spokesman for the company, was not specific, but did call the charges and verdict "a novel implementation and interpretation of the law."
He said Tyson has never faced criminal nuisance charges before and does not believe it was an appropriate legal course this time.

"We contract with about 6,000 independent family farmers and I would say that an overwhelming majority have very good relations with the neighbors and communities," Nicholson said.

He said the company's in-house general counsel has not determined if Henderson attorney John Tarter will continue handling the case. Tarter defended Tyson in the local trial. B&G was represented by Princeton attorney Marc Wells.

Marion gets $200,000 downtown grant
Decorative lamp posts, new sidewalks, landscaping and patterned crosswalks are coming to Marion.

The improvements to downtown will be made through a $200,000 federal grant from the Transportation and Equity Act for the 21st Century, or T-21 fund. The city was eligible to apply for the grant as a result of Marion Main Street achieving silver designation in the state's Renaissance Kentucky program.

Administration of the grant monies will be handled by the City of Marion, which is adding the required $50,000 in matching funds.

The city is waiting to receive final approval on its spending proposal before advertising for bids.

Rose Crider, director of Marion Main Street, said the scope of the streetscaping project had to be narrowed, because the city only received about half of the money it requested.
It is uncertain whether all of the work the city wishes to have done will be covered by the $250,000. Crider said the committee working with the grant money may have to take a look at its priorities after construction bids are received.

One of the improvements anticipated is the installation of patterned crosswalks on Main Street. The committee believes the street print process will draw attention to the crosswalks and improve the safety of pedestrians.

The proposal also calls for new sidewalks along two blocks of Main Street from the Cochran buildings to Hunt's Department Store and on two blocks on Carlisle and Bellville streets.

Crider does not know exactly where at this point that the decorative lights will be installed.
"We'll have to research, look at pictures of the first street lights in Marion, probably from the early 1900s, but we want them to be attractive," Crider said. "The whole idea of Renaissance Kentucky is to return downtowns to their original look."

The committee hopes to use part of the grant to enhance the appearance of the city parking lot on Bellville Street by adding landscaping and add a few benches in the downtown area.

Five injured in two local accidents
One local woman was among five people injured in two separate accidents in the past week. Wet road conditions were blamed for a 2 p.m., Tuesday accident at the intersection of Coleman Road and U.S. 641. Sharmaine Russellberg of Marion told Sheriff Wayne Agent that she couldn't get her 1995 Mazda stopped on the wet roadway before hitting a Buick SUV in the rear. The Buick Rendezvous was driven by Janet Angelly of Cave In Rock. Three passengers in the Angelly vehicle were taken to Crittenden Hospital with what appeared to be minor injuries. Russellberg was also taken by ambulance to the hospital.

In another accident Saturday morning on Main Street, a LaCenter woman broke her ankle when the motorcycle she was riding hit a street sign. Judith Draper was riding on the back of Honda Gold Wing driven by her husband William Draper. The driver told police that he accelerated too quickly and lost control of the bike as he pulled onto Main Street from West Depot Street.