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Battle over proposed poultry processing plant moves to Sussex County courtroom

Opponents of a plan to build an industrial poultry plant in Sussex County presented their arguments in court Monday.

Inside the Sussex County Courthouse, Millsboro residents filled the benches to hear the arguments involving a proposed chicken processing plant near the Indian River. South Korean company Allen Harim expects to process two million birds per week on the former site of the Vlasic pickle plant.

During the hearing on the Sussex County Board of Adjustment’s approval of the plant, the residents representing the group Protecting Our Indian River, occasionally bristled at what they heard. Maria Payan of the Socially Responsible Agricultural Project, says that building a chicken processing plant near the Indian River would only make an already polluted area worse for local residents.

“Within a two mile radius here, they have a power plant, they have a concrete plant, they have Murk pharmaceuticals, and this is a very intensive application they’re putting in. Since 1991, contaminants have been traveling towards the residential development," said Payan. "Who is looking out for these people?”

Protecting Our Indian River lawyer Richard Abbott argued the Sussex County Board of Adjustment had no jurisdiction to approve the Allen Harim poultry plant because it did not provide notice and allow input from the public and agencies such as the Center for Inland Bays, the EPA and the Delaware Division of Health. Abbott says this consultation is needed because the planned facility requires a special use exception permit.

"What it says, it says that although normally, in heavy industrial use you could just go ahead and as a matter of right, build an industrial plant. In this case because of the nature of the use, there’s more review and more information that’s necessary,” said Abbott.

Allen Harim’s attorney countered that the public had opportunity to comment and it was not necessary to consult with experts.

Payan questions the length of time the public was given to comment, saying the seven days was not enough.

“The public should have been allowed an opportunity for an engineer to look at the plans and say, this, we think is not good. There is too much emissions to come out, too much discharge into the Indian River," said Payan. "The public never had that opportunity with a seven day period. ”

Judge Richard Stokes has 90 days to render his decision on the appeal. He can uphold the Board of Adjustment's approval, overturn it or modify it.