In information posted today, the Nebraska Supreme Court issued a ruling upholding the District Court ruling that showed Danielski Farm had meet all the conditions for a hog confinement facility. The Cherry County Board of Commissioners issued Danielski Harvesting & Farming, LLC, a conditional use permit to build a commercial hog facility on its property Southwest of Crookston. Neighboring landowners, Amorak, Inc., and owner Edwin Brown, appealed to the district court.
After a trial de novo, the district court determined that Danielski’s application for the conditional use permit complied with the pertinent zoning statute and regulations, and it therefore affirmed the issuance of the permit.
Amorak claimed that the conditional use permit did not comply with applicable zoning regulations that, according to Amorak, required the operator of the facility to show compliance regarding odor mitigation and water contamination.
In their final ruling the Nebraska Supreme Court stated “We further conclude that the district court did not err in finding that Danielski demonstrated compliance with the zoning regulations to support the issuance of the conditional use permit. We therefore affirm”.
