Judge Blocks CAFO; Beadle County Broke Zoning Rules on Public Notice

The South Dakota Legislature passed House Bill 1201 this year to make it easier for counties to open their doors to the un-Christlike, soul-sapping mechanization of meat production. Rep. G. Mark Mickelson and the Legislature trust counties to use the new rules wisely… but Beadle County apparently can’t even follow the current rules:

A conditional use permit allowing Westside Gilts LLC of Pipestone, Minn., to construct and operate a concentrated animal feeding operation has been revoked by a circuit judge.

…In his ruling, Circuit Judge Jon Erickson found that the county’s comprehensive zoning ordinance was improperly enacted in 2011.

The petitioners had alleged that the county had failed to give proper notice of the time and place of the public hearing on the zoning ordinance, and that no 10-day notice was given of a scheduled public hearing.

…In his decision, Erickson said that “Beadle County landowners were not provided with the opportunity to formally voice their concerns and present evidence in opposition to opposed measures, and providing an avenue for expression of public opinion.

“Thus, it is the decision of this court that the ordinance was improperly enacted and has no force and effect, then the board did not ‘regularly pursue its authority’” [Roger Larsen, “Judge Rules Beadle County Violated Process of Comprehensive Zoning in 2011: Decision Affects Land Wanted for Concentrated Animal Feeding Operation,” Huron Plainsman, 2015.03.23].

Republicans profess to be suspicious of government and say we shouldn’t give government too much power. But when actual abuses of power, like Beadle County’s failure to properly notify citizens of an impending CAFO decision, support the corporate colonizers’ agenda, our Republican legislators give those suspicious governments more power.

7 Responses to Judge Blocks CAFO; Beadle County Broke Zoning Rules on Public Notice

  1. Deb Geelsdottir

    Cory, your last paragraph is a perfect summation of the Republican Party’s fondest for the US and SD constitutions, government, and the rule of law.

  2. mike from iowa

    Israel spied,wingnuts lied,peace talks died,no gilts were tried,massive environmental damaged dried-up,for now.

  3. Lee Schoenbeck

    Not all Republicans voted for that bill

  4. True dat! Rep. Schoenbeck was among seven Republicans (also Hickey, Kaiser, May, Rasmussen, Lana Greenfield, Latterell) who voted nay on HB 1201 on February 25. Schoenbeck missed the conference committee concurrence vote on March 6.

  5. Thanks, Deb! I tell Democrats, this blog is your briefbook. I want to tell stories in full detail, but I’m also trying to condense these issues down to the tightest statements possible.

  6. I think that is great Lee stops by to review content and comment. He can help Powers understand things when Cory is unavailable.

  7. With the passage of HB 1201, and the increased push to site more CAFOs in SD, and especially in the I-29 corridor, counties are now going to be changing their zoning ordinances to make it easier for CAFO conditional use permits to be approved. We need to watch our county boards and commissions like hawks, and track our counties’ agendas and minutes. As in Beadle County the hearing and notification procedures may be overlooked. Also, after the commission vote, there is only a limited time (20 days) to acquire the 5% of registered voter signatures to get a referendum vote.