Commissioners Vote 3-0 Approving TK Angus Permit

The Cherry County Commissioners voted to approve a conditional use permit for TK Angus to construct and operate a hog confinement facility Southeast of Valentine on a 3 to 0 vote. The vote came after a two-hour meeting which included attorneys via video conference representing TK Angus.  Cherry County Attorney Eric Scott reminded the board of the three options available to them: 1) Appeal the district judges ruling that they need to issue the permit, 2) Grant the permit with no additional conditions or 3) grant the permit with additional conditions.   On July 22nd the commissioners submitted 8 conditions for the applicant to consider before the board would contemplate granting the permit.

 In response to those eight conditions, Stephen Mossman, representing TK Angus, stated that all eight conditions were inconsistent with the order of the district judge, however TK Angus submitted 8 proposed conditions to the county which basically said they would comply with the county, with very minor changes, on a voluntary basis. Along with those eight, the county added a ninth condition which stated, the facility shall use best management practices in all aspects of its operation including, but not limited to, odor control and waste management control and application.

Commissioner Mike McConaughey made the motion to approve the permit after stating that it bothered him that the county has no control over our water and no say in testing requirements. Commissioner DeNaeyer seconded the motion. All three commissioners then voted in favor of granting the permit. It was clear that at least two of the commissioners struggled with voting yes on the resolution. 

In 2023 the Cherry County Planning and Zoning board voted 4 to 1 to recommend approval of the permit because it met all 20 regulations in the zoning plan. In October of 2023, the commissioners denied the permit. This led to a court challenge. The trial was held on March 26th, 2025, and the judge handed down his decision on July 5th that the County Board had errored in denying the permit.  August 5th would have been a deadline for the county to take action. TK Angus must now go through the process of an application with Nebraska Department of Energy and Environment before any construction can begin. The county permit is also contingent upon the state approval.