Hog confinement near Valentine’s conditional use permit approved with fewer restrictions than County originally proposed

VALENTINE, Neb. - A controversial proposed hog confinement just a few miles east of Valentine is looking more likely after Cherry County commissioners approved a conditional use permit with fewer conditions than the County proposed at its last meeting. As News Channel Nebraska has previously reported, TK Angus, owned by Tim, Kim, Rick, Jennifer and Sara Marlatt, wants to build a facility to house up to 4,999 hogs—each weighing more than 55 pounds—approximately three miles from the Niobrara River.

The board had denied the project's conditional use permit, but TK Angus filed a lawsuit and won. A judge ruled the facility complies with county zoning regulations and ordered commissioners to issue the permit.

Following the decision, commissioners introduced eight conditions for the project. But during Tuesday’s meeting, TK Angus’ attorney rejected those conditions and instead proposed nine alternative terms—many of them shortened or revised versions of the original proposals.

Some of the changes include allowing the burial of dead pigs on-site and removing a clause that would have allowed commissioners to take action if the operation failed to follow the Nutrient Management Plan filed with the Nebraska Department of Environment and Energy.

“They took all eight of our conditions and did a short paraphrase. It leads me to wonder if there’s any way to enforce these conditions,” said Commissioner Nina Nelson.

Two of the three commissioners expressed reluctance to approve the permit but ultimately said they had little choice under the judge’s order.

“It loses on an appeal. I’ve contacted everyone I can on this. I apologize for that, but it does,” said Commissioner Mike McConaughey. “This is turning out to be one of the toughest decision I’ve ever made.”

“An appeal is an uphill battle, but I’m not 100 percent confident and convinced that these conditions will be enforced to the extent the public would like to see,” said Nelson.

Before casting her vote, Nelson turned to the Marlatt family.

“I sure hope you have the best interests of your neighbors at heart,” Nelson said.