Legal battle over construction of Bainbridge monkey breeding facility heard in state appeals court

German automakers test toxic exhaust fumes on caged monkeys | MADISON, WI - JUNE 28: A pregnant rhesus macaque monkey infected with the Zika virus sit in its cage at the Wisconsin National Primate research Center (WNPRC) at the University of Wisconsin-Madison on June 28, 2016 in Madison, Wisconsin. Researchers at the University released a study today detailing how research at the facility has found the Zika virus persisted in the blood of pregnant monkeys for 30 to 70 days but only around 7 days in others. The study also found that monkeys previously infected with the virus were resistant to a second infection, which suggests the animals have a naturally occurring immunity. Health professionals in the United States are preparing for the possibility of an epidemic of Zika which can be transmitted by mosquitoes. (Photo by Scott Olson/Getty Images) (Scott Olson)

By WSBTV.com News Staff

ATLANTA — A planned south Georgia monkey breeding facility had its ongoing court battle take another step forward on Thursday in the state’s Court of Appeals.

The city of Bainbridge is home to the Flint River, and if its supporters succeed, a breeding facility meant to house at least 30,000 monkeys for use in medical testing.

Plans to build the $300 million facility by Safer Human Medicine, which were originally agreed to by the Decatur County Development Authority, have been put on pause as legal battles and opposition by residents continue.

After the Development Authority canceled their approval and tried to revoke Safer Human Medicine’s tax benefits to build in the county, Channel 2 Action News reported the company sued.

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Thursday’s court hearing was the latest step in the process, with attorneys for Safer Human Medicine and the Decatur County District Attorney Joe Mulholland telling the judges that it was his job to ensure the public was safe and that his opposition to the breeding facility was to serve that role.

“As the DA, I’m the gatekeeper to ensuring my public is safe. I’m the gatekeeper to make sure local government does what they’re supposed to do and follow the law and make sure backdoor dealings don’t happen, and to make sure that companies like Safer Human Medicine have to follow all the rules, can’t slap people on the back, coming in my community, and trying to put 30,000 monkeys by the Flint River,” Mulholland said.

He said that was why district attorneys sign bond validations, which at the start of his comments he’d said was a responsibility of the DA he’d previously been unsure of.

Pushing back on the DA’s comments, an attorney for Safer Human Medicine said the initial deal to develop the facility in Bainbridge had not been conducted in secret or in a backdoor dealing.

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“First of all, I just want to tell y’all that the notion that his project was done in secret or somebody ran out in the middle of the night and was going to build this $300 million project is just preposterous,” Hugh Peterson said. “There were two television news stories that were run about this project.”

The appeals court pressed Peterson on what they said was a potential lack of proper notice, but he contended that things were done properly and by statutory procedure. He said Mulholland had been served papers, such as petitions, bond documents and plans for the facility to inform him of the development proposal.

Even though the development authority revoked their approval, Safer Human Medicine said in court that they had followed the legal requirements and had not done anything wrong, so they plan to move forward with development.

At the hearing, an attorney for the development authority that they were still intent on completely unwinding the project in addition to invalidating the bonds that were supposed to be issued.

As previously reported by Channel 2 Action News, following a public comment period in January, and further review by the county commission, the tax abatement was put up for reconsideration on Jan. 30.

The “District Attorney filed a Motion for Reconsideration or in the Alternative to Set Aside the Validation Order in the Superior Court,” according to a lawsuit filed by the breeding company, prompting the reversal decision.

The court did not make a decision on how to proceed. Mulholland told WALB that he expects a decision in a few months.

In addition to the appeals process in state court, Safer Human Medicine opened a lawsuit against the Decatur County Development Authority alleging their reversal of approval had constituted a breach of contract and are seeking damages and legal expenses.

The Associated Press contributed to this report.

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