Paula Houston, a St. George deputy city attorney, said there was insufficient evidence to move forward with a case based on complaints by Dixie Cottam's neighbors, who objected to honeybees gathering in their yards, "particularly at water sources" such as pools, fountains and faucets.

Cottam, 84, and her late husband, Ed, have allowed beekeepers to place hives on their River Road property, on the city's southern end, since the 1950s. No one ever complained, she said, until recently.

While city code enforcement officer Malcolm Turner declined to comment about the situation to The Salt Lake Tribune, Cottam's daughter, Barbara Brown, said Turner told her that city officials decided no violation occurred because the municipal code does not mention bee colonies.

In addition, Brown quoted Turner as saying officials could not determine if the bees flying around neighbors' homes were from the Cottam farm or were wild feral bees nesting in the general area.

Brown asked the city to put the decision in writing, but so far she has not heard back from officials.

"The cynical part of me assumes this is not over," she said.

Nationwide, honeybees are being killed by mites, assorted viruses and now a mysterious aliment called colony collapse disorder. In the Beehive State, the Department of Agriculture and Food says there are now 23,000 hives in Utah, compared to 47,000 in 1992.

Although St. George was among the nation's top 10 areas for percentage of population growth last year, farming remains viable in parts of Washington County. Agricultural revenues totaled more than $11.7 million for the southern Utah County in 2006, specifically from livestock operations and alfalfa crops.

Cottam relies on the bees to help pollinate a 15-acre alfalfa plot, located about three football fields away from a large subdivision.

If homeowners decide to file a civil lawsuit, Cottam may not be protected from protracted legal fees, even if she wins in court, said Utah Farm Bureau spokesman Matt Hargreaves, citing legislation that failed to make it through the 2008 Legislature that would have made it difficult for neighbors to sue for damages because they object to the sights and smells of a farming operation.

Legislators gave building contractors that kind of protection from lawsuits, but failed to extend the safety net to farmers. The Utah Farm Bureau had pushed for HB229, pointing to a lawsuit brought by a Highland City couple, who didn't like manure specks and alfalfa seeds from a neighboring farm blowing into their pool.

The Utah County farmer, Kevin Birrell, won the lawsuit last July. But he ended up paying $70,000 in legal costs.

Rep. Mike Morley, R-Spanish Fork, who sponsored the nuisance lawsuit measure, said he'll sponsor similar farming legislation next year.

dawn@sltrib.com