The zoning board's action in February was part of a many-faceted storm over confined-animal feeding operations, and hog farmer Dave Ferguson's plans to build one at 5757 N. County Road 800-W.

Steve Wilson, the county zoning official, had denied a building permit 17 November 2006, on the grounds that a moratorium was in place prohibiting the building permits for confined animal feeding operations.

Ferguson appealed to the Board of Zoning Appeals, which overturned Wilson's action and said Ferguson could have a building permit. County residents Thomas and Jae Breitweiser, Michael Bowen and Sue Passwater appealed the zoning board decision to Superior Court. Ferguson and Daveco Farms LLC voluntarily joined the appeal as defendants, on the same side as the zoning board.

Robert M. Frye of Indianapolis, an attorney who represents the Breitweisers, Bowen and Passwater, said Monday he had not seen the ruling so could not say if it will be appealed.

James D. Humphrey, a special judge appointed to hear the case, ruled Friday that the zoning board had properly concluded that Ferguson's CAFO met the county zoning ordinance definition of a confined animal feeding operation.