VALENTINE, Neb. — A district judge will decide the fate of a proposed hog confinement in the Nebraska Sandhills in the coming months.

Attorneys called witnesses as part of a bench trial in TK Angus vs. Cherry County on Wednesday. Attorneys will now submit written briefs over the next six weeks. Judge Mark Kozicek will make a ruling after that.

The dispute dates back to April 2023 when TK Angus applied for a conditional use permit to build a swine finishing facility east of Valentine. The proposed facility would house up to 4,999 hogs, each weighing more than 55 pounds.

The Cherry County Planning Commission voted 4-1 to recommend approving the application but the Cherry County Board of Commissioners denied the permit. Board members said the proposal did not meet all county zoning requirements, including compatibility and conditional use statements. The board also said the business would be for commercial use, not agricultural use as mentioned and would result in harm to the county.

TK Angus is now asking the court to determine whether its application meets the necessary requirements and to approve the permit. The lawsuit also seeks any additional relief the court deems fair and just.

Commissioner Nina Nelson testified about why she voted against approving the permit. 

“Within the surrounding uses, there is the (Niobrara) river and quite an extensive housing development and a lot of tourist activity as well,” Nelson said.

Dean Settje, whose company is working with TK Angus, said proximity to houses is the first thing considered when looking for a spot to place a hog confinement.

“How close are we to residences? Do we meet the setbacks? The setbacks then are obviously in place for what the county would agree to as being acceptable to have a facility like that,” Settje said.

County zoning regulations say the proposed confinement must be at least .5 miles north and south and 1/3 mile east and west from any houses. The regulations also require developers like TK Angus to notify people living within a four-mile range of the facility. Much of Wednesday’s testimony focused on the houses within that range and the Niobrara River, which is about three miles away.

This is the second controversial hog confinement in recent years in Cherry County. The commissioners approved a different operation but nearby homeowners have taken that decision to court. That case is now waiting on a decision from the Nebraska Supreme Court.