Jack Hieb and Zach Peterson have successfully handled another appeal relating to a Concentrated Animal Feeding Operation. In Grant County Concerned Citizens v. Grant County Board of Adjustment, et. al., the appellants were challenging the validity of a CAFO permit issued to Teton, LLC to open and operate a hog confinement operation in Grant County.
The case initially went to the Supreme Court on a ruling by the trial court that the statutes relating to approval for operations of this nature were unconstitutional. That decision was reversed by the Supreme Court and the matter was remanded to the trial court for a decision on the merits. On remand, the trial court determined that the permit had been properly issued and that decision has now been affirmed by the South Dakota Supreme Court.