BISMARCK (KFGO) - The North Dakota Supreme Court will hear an appeal later this month by a group of landowners about a lower court's ruling on a proposed 9,000 head hog farm in western Cass County.
Earlier this year, an East Central District Judge upheld the state health department's approval of a permit for Rolling Green Farms to build the facility near Buffalo. Many local residents are opposed to the project because of concerns about air, water and soil contamination.
Derrick Bratten, the lawyer for the Concerned Citizens of Buffalo, says their primary challenge is the permit that was issued for the farm which he says is not valid.
Bratten says another issue is "significant" changes by developers who offered new information about the plan after the public comment period closed. That included Rolling Green's first mention there would be 200,000 piglets born each year that would not be counted under formulas because they are small.
Bratten says the piglets should be counted and that would mean the farm's odor setback distance would be one-and-a-half miles instead of one mile, meaning the farm would not be an appropriate location because it could affect nearby properties.