State Supreme Court upholds Spink County CAFO rejection
The South Dakota Supreme Court agrees that the Spink County Board of Adjustment had the authority to reject an application for a hog confinement in 2018.
That upholds a lower court ruling, which rejected calls for additional testimony in the case.
In 2017, Arrow Farms applied for a conditional use permit to operate a proposed hog confinement that would house more than 7,500 pigs.
Arrow Farms says they met setback requirements by the county.
Preston Miles brought the lawsuit against the Spink County Board of Adjustment. Miles alleges the county board’s denial was arbitrary and that some members of the board were biased against him and the project.
Some on the Spink County Board of Adjustment say they rejected the permit over concerns about odors emanating from the project.
The state’s top court says the board members did not have a disqualifying interest in the permit hearing.