Residents (the Old 76 Group) who live nearby the future site of the new West Blue hog confinement appealed a decision by the York County Board of Adjustment to uphold the permit. They say their concerns and evidence were not fully considered during an earlier hearing -- so they took it to District Court.

Later, West Blue Pork attorneys got involved in the case that initially only included the Old 76ers and the county. West Blue stockholders say that their interests will be greatly affected by the outcome of this particular lawsuit -- and Judge Gless agreed, allowing them to become third party participants.

Last July, West Blue Pork asked that the entire case be dismissed. That request was obviously not granted as it is now moving forward to the formal hearing.

Greg Barton, attorney for the Old 76 Group, is expected to make arguments about the integrity of the York County Board of Adjustment. Members of the group say the appeal is based on their opinion that the Board of Adjustment did not consider their evidence before upholding the permit. They also maintain that the permit goes against the county's zoning regulations -- that West Blue will have more hogs than is allowed by the rules.

West Blue maintains that their animal numbers fall within the guidelines of both the county and the Nebraska Department of Environmental Quality (DEQ).