BURLINGTON — A judge has ruled that Sanitation District No. 1 is within its rights to use eminent domain to build a treatment plant on a 500-acre riverfront farm, but the property owner says it won't happen.

        “The bottom line is he has ruled against us and in favor of the Sanitation District,” Donald Stites, 72, of Wyoming, said about Judge Joseph “Jay” Bamberger's bench trial ruling released Thursday.

Don and Marion Stites say they'll appeal a judge's decision that their land be taken by eminent domain. (Patrick Reddy photo) | ZOOM |

        The Western Regional wastewater treatment plant is proposed for the Stites' property. It's one of two new plants the sanitation district includes in its 20-year plan to handle the growing populations in Boone and Campbell counties.

        The Stiteses have been fighting the condemnation of their land for nearly three years.

        “We are astounded that the judge ruled against us,” Mr. Stites said. “The sanitation district committed many illegal actions (in condemning the land). We continue to believe that any one of those illegal actions should have invalidated the district's condemnation of our lovely riverfront farm.”

        The farm, owned by the Stiteses since 1972 and in Mrs. Stites' family for nearly 60 years, overlooks the Indiana hills.

        Eminent domain allows government agencies to force owners to sell their land for projects for the public good. Landowners have the right to challenge the condemnation in court.
       

Appeal promised

        “We absolutely will appeal this decision,” said Mr. Stites, a retired Procter & Gamble employee.

        Mr. Stites said the district should have gone to planning and zoning for approval of its wastewater treatment plans or to the Boone County Fiscal Court for a vote but failed to do either.

        He doesn't know when he has to turn the property over to the district.

        “We're going to try to prevent that while we appeal.”
       

The current deal

        The district will use eminent domain to purchase 144 acres, the southern part of the 500-acre farm property.

        Mr. Bamberger's ruling showed that the commissioners suggest that the district pay Mr. Stites $518,000 — or $3,597 an acre — for his land.

        Richard Kennedy, chairman of the sanitation district's board, would not comment as to whether that is the price being negotiated.

        Neither the sanitation district nor the Stiteses have ever discussed the initial offer made for the land in 1999, as they are bound by a confidentiality agreement.
       

Neighbors react

        Neighbors of the Stites farm encouraged Mr. Stites to continue in his appeal.

        “I think (the ruling) is a poor decision,” said Dick Ammon, 73, owner of Ammon's Nursery on Ky. 18 in Burlington and owner of the adjacent farm property.

        Mr. Ammon said the farms are built over an aquifer, a body of water underground that produces springs.

        “My water tastes great,” he said. An engineer testified at the hearing that a sewage plant could pollute the aquifer.

        “Bamberger heard this engineer and I can't believe he's not smart enough to listen,” Mr. Ammon said.

        He believes the county is allowing the district to move forward because it wants additional development in that area.

        Mary Swigmon, 53, of Rabbit Hash, remains hopeful.

        “I'm hoping we will see justice in another court,” Ms. Swigmon said. “Our concern is this whole thing is based on greed and power.”

        If appealed, the case would go to the Kentucky Court of Appeals, where it would be reviewed by a panel of three judges. That review take months.

        Ms. Swigmon thinks the plant will lead to development in the largely rural western portion of the county.

        Census data show that Boone County's population increased 49.3 percent from 1990 to 2000.
       

In public interest

        “It's not about development,” Mr. Kennedy said. “It's about taking care of public health in Northern Kentucky. It had to be built somewhere. There will now be a wastewater treatment plant in each of the three counties we serve.”

        There is an existing plant in Alexandria, which is being expanded, and the Dry Creek plant in Villa Hills.

        But the approval of the plant on the Stites farm is a precursor to the expansion of the Alexandria plant and to any further residential development in the city that grew 48.2 percent in population from 1990 to 2000.

        Alexandria has issued a moratorium and is preventing any development in the city until its sewer lines are improved.

        Mr. Kennedy said the Boone and Alexandria plants will be built simultaneously. So, until the building of the Boone plant begins, there can be no upgrade of the Alexandria plant and no new housing starts in Alexandria.

        Several people encouraged the district to expand the Dry Creek plant, but Mr. Kennedy said that was impossible.

        “There's not enough room to expand it.”

        Added Mr. Kennedy: “I sympathize with the Stiteses but this is specifically the reason for eminent domain, the good of the majority of the people.”

        He said studies have shown that wastewater treatment plants should be built near the river.

        The Stiteses' attorneys argued that the location of the plant near the river could lead to violation of the federal Clean Water Act.
       

Earlier sites scuttled

        Mr. Stites has pointed out other possible sites for the treatment center, including one on East Bend Road near a power plant, one south of Big Bone Lick State Park near Union, one near the Cincinnati/Northern Kentucky International Airport and in Gallatin County.

        The East Bend power plant site — owned by Cinergy Corp. — was controversial because after it was originally chosen as the site for the plant in January 1999, Bill Burleigh, then president and chief executive officer of the E.W. Scripps Co., sent a letter to Cinergy Chairman James E. Rogers that said a “public relations disaster” could take place if the utility sold the land for a sewage plant near Mr. Burleigh's Rabbit Hash farm.

        Three weeks after receiving the letter on Scripps letterhead, Cinergy decided to not sell the property and the sanitation district looked at other sites before settling on the Stites property.

        Mr. Ammon hopes Mr. Stites will win his appeal but said he isn't sure what he'll do with his farm if he doesn't. “I don't want to be there by that stink.”

        Jeff Eger, general manager for the district, said neither odor nor appearance will be a problem.

        “We're using processes that virtually makes it odor-free,” Mr. Eger said.

        “We believe five or six years after this plant is up and going, people won't even know we're there.”
       

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