VALENTINE, Neb. - A district judge ruled in favor of a planned hog confinement east of Valentine after Cherry County commissioners didn’t issue a conditional use permit (CUP) for the project. TK Angus wants to build the facility, which would house up to 4,999 hogs, each weighing more than 55 pounds, three miles from the Niobrara River.

The Cherry County Board of Commissioners had previously denied the permit, saying 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.

However, Judge Mark Kozicek has now ruled that the project does meet the county zoning regulations and has ordered commissioners to issue the permit.

In his decision, Kozicek said the county's attorneys failed to prove that the proposed hog facility would harm nearby property values or land use enjoyment. While dozens of concerned neighbors had spoken at prior county meetings and were present in the courtroom, County Attorney Eric Scott and attorney Justin Eichmann didn’t call any of them to testify.

“The court did not hear from one neighboring property owner, user of the river, member of a chamber of commerce or tourist board regarding the impact the proposed use would have on them or anyone else for that matter. Appellees had an opportunity to develop evidence the conditional use sought would diminish the use, value and enjoyment of other neighboring land uses; they did not or chose not to do so,” Kozicek wrote.

Scott and Eichmann only presented evidence through one county commissioner, while TK Angus had several people on the stand.

Addressing concerns about odor, Kozicek acknowledged the issue but cited testimony from an expert at Settje Agri-Services & Engineering, who said the facility’s design would significantly reduce odors. The system pulls fresh air through the building before it passes over the waste pit and exits the facility.

Kozicek also noted that Cherry County’s former zoning administrator, Jessica Coyle, had used the University of Nebraska’s Odor Footprint Tool to support the design’s effectiveness in minimizing smells.

The judge further ruled that the project meets all county setback requirements and pointed out that the four-mile buffer referenced by opponents is not actually part of the official zoning regulations.

This is the second controversial hog confinement in recent years in Cherry County.