6-million hen egg operation still on hold after hearing

PARKER A proposed 6-million hen egg-laying operation will remain on hold as a judge considers whether residents had enough chance to weigh in on changes to Turner County’s zoning rules.

After months of depositions and legal filings, the case came before First Circuit Court Judge for Turner County Timothy Bjorkman Thursday in Parker for the first time. Bjorkman didn’t issue an immediate decision, saying he would take the issue under advisement and issue a decision “in the due course of time.”

Both sides in the lawsuit agreed on the basic facts of the case and requested summary judgment.

Attorney Michael Schaffer, representing several landowners, said a Turner County ordinance enacted last year was unfairly passed and that Peter Sonstegard, owner of Sostengard Foods, manipulated the county’s zoning rules to make it easier to site the agricultural development so close to the city.

Landowners worried about the potential environmental impacts, the odors and the proximity to Parker — just over two miles away — when the plans were officially announced in February.

John Chicoine, a Parker resident who attended the hearing Thursday, said he and many of the city’s residents felt like they hadn’t had a chance to address the ordinance while it was being drafted and discussed.

“I think the people of this community feel the changes came as a surprise and that they create a substantial setback for landowners,” Chicoine said.

But Turner County State Attorney Matt Olson and attorney Brian Donahoe, representing Sonstegard, argued that the county ordinance had been fairly created, that the last-minute alterations were not significant enough to send back to the planning commission, and that the egg-laying barns could have been placed at the planned location even without the change.

Agricultural producer Chad Nelsen, of Viborg, said he’d attended all the planning meetings and had supported increasing animal production units.

“We were asking for 5,000 animal units and they gave us 2,499,” Nelsen said.

Nelsen said few if any Parker residents were present at meetings were the county board of commissioners considered the ordinance. He said while they’ve vocally opposed the issue recently, many farmers would like the rule to remain in place, allowing them to keep more livestock.

“It’s not a Parker issue,” Nelsen said, “it’s a Turner County issue.”

If Bjorkman decides to overturn the zoning ordinance, it would be seen as a win for landowners and producers would be restricted, at least for a while, in their livestock numbers. A win for the defendants would keep the law on the books.

Either side has an opportunity to appeal the judge’s decision.

Follow Dana Ferguson on Twitter @bydanaferguson