The U.S. Supreme Court denied Monday a petition to review an Iowa Supreme Court "right to farm" ruling which deemed unconstitutional legislation defending landowners against nuisance lawsuits.
When asked about the U.S. Supreme Court's decision yesterday and the possible impact on Virginia's Right to Farm Act , Delegate W.W. "Ted" Bennett of Halifax said he didn't know what effect the decision might have, "not having seen the Iowa statute." Bennett said he would want to see the Virginia and Iowa statutes side by side.
Farmers' rights as well as those concerned with the health and economic impact of large commercial hog production operations in Halifax County are often at issue.
The question presented to the U.S. Supreme Court in the Gerald Girres versus Clarence Bormann (Iowa) petition was:
Are "right to farm" laws - enacted by all fifty States - facially unconstitutional as a per se taking in violation of the Takings Clause of the Fifth Amendment to the United States Constitution?
In denying the petition to review the case, the Iowa Supreme Court's ruling stands, explained Des Moines attorney Eldon McAfee yesterday. McAfee represented Girres and other parties to the proceedings.
The Virginia Right to Farm Act was enacted as state policy "to conserve, protect and encourage the development and improvement of its agricultural land for the production of food and other agricultural products."
It also offers protection, including the following: No agricultural operation any of its appurtenances shall be or become a nuisance, private or public, if such operations are conducted in accordance with existing best management practices and comply with existing laws and regulations of the Commonwealth.
The provisions do not apply whenever a nuisance results from the negligent or improper operating of any such agricultural operations ..., according to legislation.
The law also prohibits counties from adopting any ordinance that requires a special exception or special use permit be obtained for any production agriculture or silviculture activity in an area that is zoned as an agricultural district or classification.
However, counties are allowed to adopt setback requirements, minimum area requirements and other requirements that apply to land on which the agricultural or silvicultural products activity is occurring within the locality that is zoned as an agricultural district ...
The Halifax County Planning Commission recently submitted revised setbacks and regulations for confined animal operations to the board of supervisors.
Tonight supervisors will meet with Dr. Charles M. Williams, director for the North Carolina State University Animal and Poultry Waste Management Center, to discuss hog issues.
Iowa attorneys introducing the petition to the U.S. Supreme Court, noted the Iowa law at issue in the case, like many other right to farm laws, typically provide farmers a qualified defense to nuisance actions brought by nearby residents complaining about the normal incidents of today's farm life.
"In this case the Iowa Supreme Court held that Iowa's right to farm law violated the Takings Clause of the Federal Constitution because it effected an uncompensated taking of the nearby residents' right to bring such a nuisance action," it was explained in the written Introduction to the case furnished by McAfee.
The Iowa Supreme Court had reversed an earlier District Court action which led to the Monday petition.
However, the following facts in the case were described as not in dispute in the petition.
In January 1995, petitioners, individuals who own 960 acres of land in Kossuth County, Iowa, requested that the Kossuth County Board of Supervisor designate their land as an agricultural area within the meaning of the state law.
The Board approved the petitioners' request.
Respondents- petitioners' neighbors-challenged the Board's approval of the agricultural area in Kossuth County district Court.
Petitioners alleged, among other things that the Board's action deprived them of property without just compensation under both the Federal and Iowa Constitutions on the ground that the designation of the land as an agricultural area automatically entitled petitioners to "nuisance immunity," even though respondents presented "neither allegations nor proof of nuisance," said attorneys in written statement of the case, according to the petition.
The Iowa Supreme Court had ruled that the Kossuth County Board of Supervisors action in creating 960 acres an agricultural area within the meaning of the state law agricultural area, thereby permitting petitioners to assert the nuisance defence under Iowa Code in the event they were sued for nuisance and none of the statutory exceptions applied, was an unconstitutional per se taking under the Fifth Amendment to the U.S. Constitution and of the Iowa Constitution.

WASHINGTON (AP) - The nation's governors have reached a consensus that the federal government should keep its hands off a $206 billion health claims settlement between states and the tobacco industry, according to Virginia Gov. Jim Gilmore.
Washington also shouldn't try to dictate to states how to spend the money, Gilmore said Sunday of what he called a bipartisan agreement among the state executives attending the winter meeting of the National Governors' Association.
Virginia stands to get about $4 billion over 25 years from the settlement.
The NGA contends the Clinton administration is seeking 57 percent of settlement money to offset federal Medicaid expenses.
Gilmore has written to members of the Virginia delegation to Congress seeking protection of state settlement money. Earlier this month, he formed a commission to figure out how to use Virginia's share of the settlement to benefit tobacco farmers, anti-smoking programs and other interests.

The elimination of upwards to 145 sewing jobs at Tultex's Mayodan, NC, plant this week was yet another troubling sign for the Martinsville-based apparel manufacturer which blamed declining demand for its fleece products for the action.
The Mayodan plant, which Tultex bought in the early 1980s, will continue to make yarn and operate as a distribution center, a company spokesman Kim Adkins said. About 145 employees will remain at the plant which will close its sewing operations on Friday.
Tultex provides employment for about 6,700 people and has other domestic operations including sewing plants in South Boston, Bastian and Roanoke; yarn-making plants in Roxboro, NC; and fabric plants in Martinsville and Asheville. About 450 persons are employed in sewing operations in South Boston.
Tultex also has a plant in Jamaica and has work performed on contract in Mexico.
Tultex Corporation (NYSE: TTX) is soliciting consents from holders of its 10 5/8 percent $110 million senior notes due 2005 and of its 9 5/8 percent $75 million senior notes due 2007 to permit the company to replace is existing unsecured loan agreement with a new credit facility secured by accounts receivable and inventory.
NationsBanc Montgomery Securities is serving as solicitation agent.
The refinancing plan, as described in a company press release, has been approved by the company's board of directors based on a proposal by NationsBank, N.A., to provide a revolving credit facility under which funds will be advanced based on a formula calculated as a percentage of the company's eligible accounts receivable and inventory, but not to exceed $150 million.
Upon completion, the new loan will provide the company adequate funds to meet its working capital and other general corporate needs the press released stated.
Tultex will announce tomorrow its financial results for the fourth quarter and year of 1998.
In view of previously reported industry conditions affecting Tultex and other factors unique to 1998, the company expects its sales, cash flow, operating results and balance sheet to be significantly adversely affected, and for inventories and total debt to be higher than expected.
In addition, in view of poor operating performance experienced by some apparel retailers and wholesalers in 1998, including some of Tultex's own customers, the company expects to add significantly to its accounts receivable reserves and other reserves in the fourth quarter 1998.
Tultex is also expected to be in violation of certain financial covenants under the senior credit facility for the fourth quarter. Moreover, Tultex exceeded the monthly borrowing limit for December 1998 (although it achieved the December 1998 limit by January 20, 1999) and for January 1999.
Tultex has requested waivers for these violations from the banks, and has further proposed that borrowing limits for February, March and April 1999 be reset better to reflect current cash requirements for conducting its business. Such requests are currently under consideration by the banks, but have not been granted.
Tultex's debt also includes the B3 rated: $87.5 million guaranteed unsecured revolving credit facility , maturing in 2000.
Tultex's (TTX) stock plunged to a 52-week low yesterday when it closed at 9/16; highest trading price during the past year was 4 1/16.
Net loss applicable to common stock for the third quarter of 1998 was $2.4 million, or $0.08 per share, compared with net income applicable to common stock of $6.9 million, or $0.23 per share in the third quarter of 1997.
On a pro forma basis, assuming the sale of the LogoAthletic, Inc. and LogoAthletic/Headwear, Inc. (LogoAthletic) licensed apparel subsidiaries had occurred at the beginning of the applicable period, net loss applicable to common stock for the third quarter of 1998 was $1.4 million, or $0.05 per share, compared to pro forma net income applicable to common stock of $3.8 million, or $0.13 per share in the third quarter of 1997.
The net loss applicable to common stock for the first nine months of fiscal 1998 was $23.1 million, or $0.77 per share, compared with a net income applicable to common stock of $3.0 million, or $0.10 per share in the comparable 1997 period.
Results for the nine months of 1998 include a provision for an estimated pre-tax loss of $16.3 million (after-tax of $9.9 million or $0.33 per share) related to the sale of substantially all the assets of LogoAthletic. Excluding the provision for estimated loss on the sale of the LogoAthletic, the net loss applicable to common stock for the nine-month period ended October 3, 1998 was $13.2 million, or $0.44 per share.
On a pro forma basis, the net loss applicable to common stock for the first nine months of fiscal 1998, excluding the loss on the sale of LogoAthletic, was $7.2 million, or $.24 per share, compared to pro forma net income applicable to common stock of $3.8 million, or $.13 per share, in the comparable period of 1997.
Net sales for the three months ended October 3, 1998 were $136.4 million as compared to $229.3 million in the comparable period of 1997. The decline is primarily a result of the LogoAthletic sale on July 15, 1998. On a pro forma basis, excluding the effects of LogoAthletic, sales were $136.9 million for the 1998 period as compared to $157.5 million in the 1997 period.

Basing their decision on principle, the owners of S&M Brands broke away from other small cigarette manufacturers in Virginia Monday by choosing to remain outside the Master Settlement Agreement.
"The way we see it at Bailey's, had we joined the settlement it would have brought us into the same lights as the major companies," said Malcolm L. "Mac" Bailey, 55, who founded S&M Brands in western Lunenburg County five years ago with his son Steven A. Bailey, 28.
Cigarette companies who had not already joined Phillip Morris USA, R.J. Reynolds Tobacco Co., Brown and Williamson Tobacco Corp. and the Lorillard Tobacco Co. in the Master Settlement Agreement (MSA) had until Monday to make their final decision.
Joining S&M Brands in the decision not to join the settlement is Petersburg-based Star Tobacco & Pharmaceuticals Inc., of which Mac Bailey is president. The only small tobacco company in central Virginia to agree to join the settlement is Medallion Co. Inc. in Henrico County.
In Bailey's opinion, by joining the $206 billion settlement between attorneys general for 46 states and the four biggest tobacco companies, which helps cover the states' claims for past and future costs caused by smoking-related illnesses, his company would be admitting participating in the alleged wrongdoings of which the large cigarette companies stand accused.
"It was a hard decision. Moneywise, it would have been better to sign, but my principle would not allow me to. We don't feel like the big companies should have made an agreement for us to pay for some of their alleged wrongdoings. We were never consulted. They never called us or consulted us about the agreement," Bailey said. "It was an unfair way to stop us from even getting our cigarettes on the market. I felt like we were charged and convicted and never had our day to have our say. This agreement would actually strangle us to the point that we could not exist. I don't believe the agreement is legal or constitutional, and there is every possibility that we may have to challenge it in court."
Bailey continued, "It is the principle of the issue at hand. I believe in paying for my wrongdoings, but not for others' wrongdoings. Not that they did anything wrong, but why sign an agreement if they didn't?"
By refusing to join the settlement, S&M Brands will not be bound by the advertising regulations imposed on other cigarette companies, however they lose any immunity from state lawsuits and will be required to pay into an escrow account that would be withheld for 25 years in case of future lawsuits.
But Bailey contends that S&M Brands has always posted a health warning on their product and has never targeted young smokers.
"This escrow fund is in case someone decides to do something down the line, like paying for speeding tickets ahead of time and then getting the money back in 25 years. I'll be 80 years old then," Bailey said.
Like many other local growers, Bailey is also unsure of the MSA and how much good it will do farmers and their communities, especially now that Gov. Jim Gilmore has expressed a desire to give the government more control over the money designated to help those hurt by the settlement.
"I understand Virginia had no choice but to sign on the settlement with that much money at stake, and I want to commend the group that has worked so hard on the farmers' behalf. I am a farmer at heart and I know the feeling there. I know the farmers are hopeful that there is going to be money for them and their communities, but I say wait until you see the check," Bailey said. "When the government gets a hold of something the farmer winds up with nothing."
Yesterday Gilmore was scheduled to meet with Sen. Charles R. Hawkins (R-Pittsylvania County) and Del. Whittington W. Clement (D-Danville), and local tobacco advocates from the Virginia Farm Bureau, Virginia Tobacco Growers Association Concerned Friends of Tobacco, and tobacco growers to discuss elements of a legislative plan for using tobacco settlement money to help growers and their communities.
During a National Governors' Association meeting in Washington, Gilmore expressed concern about the legislature's plan to divert the money directly to an independent regional commission that would bypass the state budget process.
The proposed commission, which garnered unanimous approval in both the house and the senate, would compensate tobacco growers and quota holders for their economic losses, help wean tobacco dependent communities, and finance another independent foundation designed to combat underage usage of tobacco.
"This could be a real deal breaker," observed Bailey.
"If they want to help the farmers, all they had to do was bring back the 75 percent U.S. tobacco content law. That was a good law. Instead they keep cutting the quota - taking the money from one hand and putting it in another. I don't see why the tobacco companies should be paying the farmer for these cuts, instead they should just buy more U.S. tobacco," said Bailey, who claims S&M Brands uses 95 percent U.S. grown flue-cured tobacco in their cigarettes.
"Cigarette companies should not be sued to the extent that they can't make money or have to purchase cheaper tobacco overseas. As a grower I don't want to interfere with any money that may or may not be coming to the farmers and their communities, but the bottom line is that people are going to smoke. What we need to do is find a safer cigarette if possible and increase tobacco production in the United States," Bailey said.
For the past three years Bailey has been working with Star Tobacco to produce a safer cigarette, and recently the company has developed a method of curing tobacco that some studies show does reduce the amount of some carcinogens.
"We have received test results back from tobacco cured with this process in 1998 that show significantly lower levels of cancer causing agents, and we've had some major manufacturers showing interest,"
Bailey said. "In fact we have an order from one of these major manufacturers who has agreed to pay $2 a pound for this tobacco."
As a result of this positive response, Bailey said he plans to put these specially outfitted Powell tobacco curing barns on at least 25 farms throughout the Southside this year.
"We're not going to localize all these barns in one spot because we need accurate data to prove these initial findings," Bailey said. "This is real exciting to me because if we can find a way to make a safer cigarette, that is what we want to do."
Last year Star Tobacco processed approximately 76,000 pounds using this experimental method. This year Bailey plans to increase this amount ten-fold
Bailey hopes that this process could lead to a partial solution for the American tobacco producer by creating an increased demand for U.S. tobacco at a premium price.
"We're under such tight restrictions already that we can't compete with overseas tobacco prices," Bailey said. "We need to find a way to grow more tobacco in the U.S. and not at a reduction of price. Currently tobacco companies are willing to pay $2 a pound for tobacco curing with this process, which would be so helpful to rural tobacco communities."

South Boston Police are investigating a second armed robbery in less than a week.
Two armed men robbed the Video Den in Riverdale Plaza Sunday night, according to reports from the South Boston Police Department.
Lt. Rick Loftis said two black males described as being in their late teens or early 20's entered the Video Den shortly around 6:45 p.m. No one was in the store but a young female clerk, Loftis said.
The two men, one of which reportedly was armed with a small caliber handgun, approached the clerk and told her to "give them the money," Loftis said.
They left area on foot with an undisclosed amount of money.
According to Loftis, the first suspect, who was allegedly armed, was described as a black male with a medium complexion standing about 5-foot, 10 -inches tall, and weighing approximately 160 pounds. He was reportedly wearing a black silk-like quilted jacket.
The other suspect, a light skinned black male, was also described as standing about 5-foot, 10 -inches tall, and weighing approximately 160 pounds. He was reportedly wearing a white hooded sweatshirt.
South Boston Police are still searching for the suspect in an armed robbery that took place in the Wal-Mart parking lot Thursday night.
Police said in this incident two teens were approached as they were getting into their car by a black male who allegedly asked the pair if they knew of anywhere he could purchase some marijuana.
When they told him they did not, the suspect pulled a gun and demanded money, reports indicated.
The victims handed over an undisclosed amount of money, and the suspect, who was described as a clean shaven black male with a dark complexion standing approximately 6 feet tall wearing blue jeans and a white T-shirt, ran away.
Loftis said that there is no way to determine at this point in time if this robbery is connected to the robbery at the Video Den Sunday.
South Boston Police are requesting anyone with information regarding either of these crimes to call 575-4271.

South Boston firefighters were called to contain a blaze at 317 Leigh Street Sunday night.
South Boston fire chief William Murray said that flames escaped through a crack in the chimney to spark a blaze at the home of Josephine C. Roberts shortly after 7:30 p.m.
"There was a crack in the chimney enough so that the fire came out through it into the walls and got up into the attic," Murray said.
Murray said that while the fire did some damage inside the walls along the chimney and in the attic, the blaze did not spread to the rest of the house.
"It never really got loose where it could burn," Murray said. "They were lucky they found it."
South Boston responded to the scene with two pumpers and a support vehicle and contained the fire before it spread to the rest of the house.
Damage was estimated at $8,000.

A Halifax man who allegedly left the area after wrecking his car Friday night was charged with reckless driving, according to Virginia State Police accident reports.
Trooper D.J. Cline charged Kevin E. Lloyd, 23, of Vernon Hill, with reckless driving after the man lost control of his car while traveling along Cluster Springs Road (Rt. 658).
Reports indicated that Lloyd left the scene after running off the right side of the road and overturning .1 mile east of Bold Springs Road (Rt. 706) around 8:10 p.m.
Lloyd was not injured, reports stated.
Damage to the 1988 Chevrolet was estimated at $1,500.
Monday evening around 7:30 p.m. Michael Lee Carrington, 19, of Nathalie was charged with reckless driving after losing control of his vehicle while driving along Hunting Creek Road (Rt. 603).
According to investigating State Trooper L.G. Perkins' report, Carrington ran off the right side of the road approximately one mile east of West Store Road (Rt. 609), overcorrected, ran off the left side of the road and overturned.
Carrington was not injured, but damage to the 1999 Pontiac he was driving was estimated at $7,000.
Trooper Perkins charged Carrington with reckless driving.
Halifax Police were called out to investigate a chain-reaction accident on Main Street Monday afternoon.
Reports indicated that southbound traffic was moving slowly across the railroad tracks due to bus traffic when Anne McCormick, 60, of Mountain Road, Halifax, ran into the car in front of her, which was driven by Willie Nichols, 70, of Grove Avenue, South Boston.
The impact pushed Nichols' 1999 Toyota, which sustained only minor damage, into the next car in line, which was driven by Willie May Marable, 23, of Park Lane, South Boston.
Investigating officer Lt. G.T. Stanley II charged McCormick with following too closely resulting in an accident.
Damage to McCormick's 1994 Buick was estimated at $4,500, while damage to Marable's 1989 Ford Escort was estimated at $800.

South Boston Town Council will hold a series of hearings and other meetings during the next two months to address the matter of signs and parking regulations in business areas.
Council is reviewing the town's zoning ordinance/map and will conduct several public input sessions designed to help the governing body make needed changes in the ordinance.
Council has issued a memo to members of the business community inviting them to attend the meetings.
"We strongly encourage you to attend any or all of the .... Planning Commission meetings (to be) held in the Town Council Chambers, 502 Yancey Street, when these issues will be discussed and voted on," said Town Manager Ted Daniel in the public memo circulated on behalf of Council.
The public sessions will be as follows:
March 3 - work session - signs and advertising.
April 7 - work session - zoning ordinance.
April 14 - public hearing on proposed new zoning map.
April 19 - presentation by consultant.
May 5 - Public hearing on proposed new zoning ordinance.
All of the sessions are scheduled to start at 6:30 p.m.
"It is imperative that we receive your input on these proposed ordinances that will critically affect the business community, namely signs and advertising, parking requirements, and permitted land uses within the proposed business zoning districts," Daniel said.
Operators of businesses are being requested to complete surveys and return them to the Town Manager's office, P. O. Box 417, South Boston, VA 23492 by Monday, March 1.
The survey forms may be obtained at the Manager's office downtown, where also a complete copy of the draft ordinance containing the specific regulations for a specific district is available for review.
As for the Off-Street Parking Requirements, Council will be striving to come up with answers to such questions as number of spaces required, the method of determining number of spaces, and the location of required parking spaces.
Turning to sign regulations, Council will search for answers to purpose, applicability and definitions; exempted signs, displays and devices, and general provisions.
The governing body also will study sign regulations in the B-1 Neighborhood Business District, sign regulations in the B-2 General Business District, and sign regulations in the B-3 Central Business District.

Mary Josephine Stillwell Osborne, 78, of Richmond died Tuesday, February 23, 1999.
Survivors include her children, Lola O. Kerr and husband Sam, and Lawson W. Osborne Jr. and wife Mary Alice; three grandchildren, Sydni, Sharon and Shannon.

Funeral services and burial will be held at 2 p.m. today, February 24 in Oak Hill Cemetery in Fredricksburg.

Lillian Corrina Andrews Griffin, 86, of Hillsborough, NC died Friday, February 19, 1999 at Durham Regional Hospital.
Mrs. Griffin was the daughter of Edward Green Andrews and Rosa Thomas Andrews and was married to J.D. 'Dock' Griffin. She was a member of Mt. Hermon Baptist Church.
Graveside services were held Sunday, February 21 at 2 p.m. at Mt. Hermon Baptist Church Cemetery.

Survivors include her husband; two sons, Joseph E. Griffin and wife Linda and Larry A. Griffin and fiance Lisa Bowden, all of Durham, NC; one daughter, Sandra G. Crenshaw and husband Henry of South Boston; four grandchildren, Vikki L. Griffin of Asheville, NC, Edward D. Griffin and wife Karen of Durham, Brian Rivers of Richmond and Stephanie R. Wakefield and husband Bill of Richmond; three great-grandchildren; two sisters, Dorothy Bradley of Durham and Carrie Thomas of Greensboro, NC. She was preceded in death by one brother, Edward G. Andrews Jr. and two sisters, Sadie A. Carter and Anne A. Tunstall.

Emma Sue Loftis of 5124 Huell Matthews Highway, South Boston died Sunday, February 21, 1999 at The Woodview. She was 87 years of age.
Ms. Loftis was born September 5, 1911 in Halifax County the daughter of Thornton W. Loftis and Eliza Ford Loftis. She was a member of Black Walnut Baptist Church and a former employee of Craddock Terry.
Graveside services will be held today, February 24 at 2 p.m. at Black Walnut Baptist Church. Rev. Grover Stevens will conduct the service.
Survivors of Ms. Loftis include two nephews, William L. Satterfield of South Boston and David E. Blackstock of Benson, NC; and one niece, Elaine Blackstock of Richmond.
Those wishing to give memorials are asked to consider Black Walnut Baptist Church, PO Box 20, Cluster Springs, VA 24535.

Garland Davis Watts of 3220 J.D. Hagood Highway, Halifax died Monday, February 22, 1999 at his home. He was 67 years of age.
Mr. Watts was born in Halifax County on February 28, 1931 the son of Richard Watts and Mary Bennett Watts and was married to Joyce H. Watts.
Survivors include his wife; three sons, Garland D. Watts Jr. of VA Beach, William Dean Watts of Halifax and Lance Weldon Watts of Davie, FL; one sister, Leone Hackney of Halifax; two brothers, Earl Watts and J.B. Watts, both of Halifax; and three grandchildren.

Funeral services for Mr. Watts will be held today, February 24 at 2 p.m. at Powell Funeral Home Chapel with Rev. Joe Brewer officiating. Burial will take place in Dan River Baptist Church Cemetery.

Richard William Ragans, 53, of Bassett died Saturday, February 20, 1999 at Memorial Hospital.
Mr. Ragans was born September 28, 1945 the son of Flora Morris Ragans and Hassie Thomas Ragans and was married to Betty Sink Ragans. He was a U.S. Marine Veteran, and a member of the Patrick Henry Bass Club, Bassett Moose Lodge and South Boston Ruritans.
Survivors include his wife; two sons, Michael Scott Ragans of Sanville and Bradley Maurice Ragans of the home; two sisters, Maggie R. Chandler of Lynchburg and Virginia R. Wolfe of Baskerville; four brothers, Cecil B. Ragans and Dave Ragans, both of Danville, Mark W. Ragans of Richmond, and Dewey Ragans of Norfolk; and two grandchildren. He was preceded in death by two brothers, Leggett M. Ragans and Clyde Ragans.
Funeral services for Mr. Ragans will be held today, February 24 at 2 p.m. at Bassett Funeral Service with Dr. Jerry D. Whitlow officiating. Burial will follow in Henry Memorial Park in Bassett.