District Judge Orders Commissioners to Issue Permit for TK Angus

District Judge Mark Kozicek ruled March 26th on the legal action taken by TK Angus against the Cherry County board of commissioners.  The commissioners had denied a conditional use permit sought by TK Angus Southeast of Valentine to construct a commercial hog facility on property they owned.  The waste would be used as organic fertilizer for local fields, also owned by TK Angus.

In the ruling, Judge Kozicek stated, “there is no dispute that the evidence established that the permit application satisfied all specific requirements.  The county argued that the CUP failed to comply with the more general compatibility and use statement in zoning regulations.

He went on to state that the management plan addresses in a positive manner, the maintenance of water quality, prevention of contamination, focuses on preservation and protection of ranch and farm operation along with concerns for dust, noise and odors.

 The court did not hear from one neighboring property owner, user of the river, member of the chamber or tourism regarding the suggested negative impact.  Evidence was presented to show that the odor footprint would fall well within the allowable limits and there were no near residences that would be affected. The only evidence presented against the permit was from a county commissioner who did not present corroborating evidence.

It was the order of the court that the matter is to be remanded to the County Board of Commissioners, with directions to issue the conditional use permit.