Nebraska Supreme Court upholds Cherry County hog confinement permit

LINCOLN, Neb. - The Nebraska Supreme Court has upheld a lower court’s ruling in favor of a proposed hog confinement facility in Cherry County, southwest of Crookston.

The case centered around a conditional use permit granted in 2021 by the Cherry County Board of Commissioners to Danielski Harvesting and Farming. The permit allowed for the construction of a hog confinement operation. Shortly after the approval, a nearby landowner and his corporation, Amorak, filed a lawsuit claiming the permit had been improperly issued.

A district judge sided with Cherry County, and Amorak appealed the decision to the Nebraska Supreme Court. The main argument on appeal was that Danielski, as the landowner but not the operator of the facility, could not independently meet zoning requirements related to odor control and water contamination. Amorak also argued that even if Danielski was eligible for the permit, the company failed to prove compliance with those requirements.

Danielski Harvesting and Farming owns the land and buildings for the facility, but the hog operations are managed by Sandy Pine, which also owns the equipment. Danielski handles manure application on nearby fields.

In its final decision, the Nebraska Supreme Court found that Danielski had met all zoning requirements, stating: 

“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.”

You can read the entire Supreme Court opinion here.

Meanwhile, a separate proposed hog confinement in Cherry County is still awaiting a decision from a district judge.