Amorak v. Cherry Cty. Bd. of Comrs.

Summary

The court affirmed the district court’s judgment upholding a conditional use permit for a commercial hog facility. It held that a neighboring landowner may obtain de novo district court review of a county board’s conditional-use decision and that the property owner, rather than a separate facility operator, bears the initial burden of demonstrating compliance with applicable zoning regulations. The court also found no legal or clear factual error in the district court’s conclusions that the proposed facility satisfied odor-mitigation and water-contamination requirements.