The lawsuit of TK Angus against Cherry County of the hog confinement facility began this morning before Judge Mark Kozicek.
The application was filed in April of 2023 and the Cherry County Planning Commission recommended approval on a 4 to 1 vote stating that the application met all of the current zoning regulations . The county commissioners voted 2 to 1 against approval based on ‘best interest of the public” wording in the county’s comprehensive plan.
On the stand, Rick Marlatt of TK Angus, testified that the nearest occupied dwelling would be 2 miles from the facility which falls within the zoning regulations. He also stated that this endeavor was in part to allow continued operations for future generations. Also testifying at the beginning for the trail was Dean Setje (Set Gee) from the engineering firm that helped with site selection, engineering, soil analysis, and water management. Manure from the project would be stored under the barn in a lined enclosure until it would be pumped out and injected directly into the ground to help control any odor. Tim Marlatt also testified.
The defense called Commissioner Nina Nelsen to the stand who had made the motion to deny the application.
There were about 20 members of the public who attended the trial which was scheduled for two days. The trial ended after lunch with both sides resting their cases. Judge Kozicek ordered both attorneys to submit their summaries and then he will rule on the matter. That ruling may not come until June.