GALENA, Ill. -- A Jo Daviess judge has not yet decided on a request for an injunction at a dairy site near Nora.
Circuit Court Judge Kevin Ward, instead, said that attorneys need to schedule a fifth hearing to discuss environmental concerns surrounding the planned 10,000-cow dairy owned by California businessman A.J. Bos.
Tuesday's hearing was the second in the series; the first was held on July 18. Two others already have been scheduled.
The nonprofit organization, Helping Others Maintain Environmental Standards, or HOMES, and about 20 individual plaintiffs, claim cracks in the surface beneath and surrounding the construction site near Nora would place drinking water in danger.
On Tuesday, an expert geologist agreed.
For 20 years, Sam Panno, geologist with the Illinois State Geological Survey, has studied karsts, which he defines as a section of land that has cracked and formed sinkholes or caverns that allow surface contaminants to drain into the underlying aquifers that provide drinking water.
In previous testimony, Panno said his examination of the site and surrounding areas showed several karst characteristics and that local drinking water was "highly likely" to be affected in case of a manure spill or leak.
However, defense attorneys pointed out during their cross examination that Panno has never "set foot" on the site.
Additionally, the Illinois Department of Agriculture's lawyer, Allan Abinoja, said that Panno's definition of karst differs from that of the department's.
"The site is covered by soil and sediment, so without trenching down to the carbonated rock, it would be difficult to tell," Panno said. "I do not think anything would be gained by visiting the site."
Bos hired an engineering firm to drill bore holes at the site to determine if a karst area exists, and they reported none. Panno argues that drilling is a poor method.
Testimony will begin again at 1 p.m. Aug. 12. Another hearing is set for 9 a.m. Aug. 15. Ward suggested the attorneys consider their schedule and set yet another hearing, as at least nine more witnesses are expected to be heard on the matter.
HOMES member Matthew Alschuler said if the ruling regarding temporarily halting construction is in the group's favor, members will have more time to obtain information and research that eventually could lead to a permanent ban.
If the judge rules for the dairy and production continues, the operation would be the largest in Illinois. Dairy officials estimate the facility could generate $400,000 in property taxes.
