In The District Court of Cherry County, Judge Mark Kozicek ruled that the lawsuit filed by TK Angus is remanded to the County Board of Commissioners with directions to issue the Conditional Use Permit. TK Angus filed the suit in March of this year appealing a ruling by the three-member board to deny the CUP, for a hog operation, even after the County Planning and Zoning Board had recommended approval.
The court documents state that according to legal statutes, the court is in the position of a ‘super commissioner’, substituting its judgement for that of the appointed and elected officials of Cherry County tasked with making those zoning decisions’. The judge’s ruling goes on to state that ‘there is no dispute that the evidence established that the CUP application satisfied all the specific requirements”. Kozicek states that “The TK management plan prepared by Settje addresses in a positive manner the maintenance of water quality, prevention and protection of contamination of the natural environment, focuses on preservation and protection of ranch and farm operations from conflicts with nonagricultural uses. The ruling was handed down on July 5th from the district court.