BURLINGTON — The case of a Boone County landowner who is fighting a Northern Kentucky utility over the site of a sewage treatment plant is not over just yet.

        Boone Circuit Judge Jay Bamberger is hearing the case, which will resume at 9:45 a.m. Thursday

        The landowner, Don Stites, of Wyoming, Ohio, has spent nearly three years trying to prevent Sanitation District No. 1 of Fort Wright from turning a 147-acre portion of his 500-acre farm into a sewage-treatment plant. The land is located on Ky. 20 in the Belleview Bottoms section of mostly rural western Boone County.

        A key part of Tuesday's proceedings focused on a written deposition from Kevin Costello, executive director of the Boone County Planning Commission.

        The document, which was read into the court record, concerned the process of notifying the county about plans for the plant.

        “The sewer district never consulted with the county about the plant, which they are required to do,” Mr. Stites said to the court, summarizing Mr. Costello's statements in the deposition.

        Sanitation District General Manager Jeff Eger, one of the officials responsible for notifying the county, did not hear the deposition read in court. He was in a separate room, because he could be recalled to rebut defense testimony. But when he was told about the deposition, he disputed it. “We met with the (planning commission) staff on at least three occasions,” Mr. Eger said. “They had been well-briefed.”

        Mr. Eger said he is waiting to present the plant's plans to the full county planning commission until drawings for routing the pipes are completed.

        Tuesday's testimony also featured two defense expert witnesses:

        • Herbert Preul, a professor emeritus in sanitation engineering at the University of Cincinnati.

        • Franz Spansbury, a Cincinnati planner and developmental adviser who wrote an environmental study for Mr. Stites last year.

        “Mr. Spansbury's testimony was that the proposed wastewater treatment plant would be in violation of the zoning and comprehensive plan in Boone County,” said Todd McMurtry, one of two attorneys representing Mr. Stites.“(Mr.) Preul said the proposed plant site sits on an aquifer.”

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