Hagerott v. Morton County Board of Commissioners - No. 20090180
Case Summary
Donald and Mark Hagerott appeal from a district court order affirming a decision by the Morton County Board of Commissioners to issue Fred Berger a conditional use permit to operate a feedlot on Berger's property in Morton County.
On May 20, 2008, Berger applied to the Morton County Board of Commissioners for a conditional use permit to operate a feedlot for 10,000 animals on his land in Morton County. A Morton County land use ordinance prohibited Berger from operating the proposed feedlot within one mile of an existing residence, and Berger's application stated there were no existing residences within one mile of his proposed feedlot. On May 1, 2008, the Morton County Building Department had issued Donald Hagerott a building permit to build a house on his property, which was within one mile of Berger's proposed feedlot in Morton County. According to Donald Hagerott, the building permit was for a retirement home for his son, Mark Hagerott, and a mobile home was moved on the land pending construction of the home, an address was obtained for postal and emergency services at the home, a septic permit was obtained, and preliminary work was done for an approach and an access road to the intended building site. In July 2008, the Morton County Commission approved Berger's application for a conditional use permit to operate a feedlot for 8,000 animals on his property. Hagerotts appealed to the district court, which affirmed the Commission's decision.
On appeal, Hagerotts argue the Morton County Commission's decision to grant Berger a conditional use permit was arbitrary, capricious, and unreasonable because Hagerotts' procurement of a building permit for their property and improvements to the property constitute an existing residence within one mile of the proposed feedlot under the Morton County ordinance.