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BOARD OF SUP'RS v. VALADCO

No. C5-93-155.

504 N.W.2d 267 (1993)

BOARD OF SUPERVISORS OF CROOKS TOWNSHIP, RENVILLE COUNTY, Minnesota, Appellant, v. VALADCO, Respondent.

Court of Appeals of Minnesota.

Review Denied September 30, 1993.

Attorney(s) appearing for the Case

J. Brian O'Leary, O'Leary and Moritz, Chartered, Springfield, for appellant.

Gary W. Koch, Gislason, Dosland, Hunter & Malecki, New Ulm, for respondent.

John P. Dooley, St. Michael, for amicus curiae Minnesota Ass'n of Townships.

Considered and decided by CRIPPEN, P.J., and KALITOWSKI and HOLTAN, JJ.

OPINION

HARVEY A. HOLTAN, Judge.

A township appeals from summary judgment prohibiting enforcement of its ordinance regulating pollution from animal feedlots. We affirm the district court's decision that the ordinance is preempted by and in conflict with Minn.Stat. § 116.07, subd. 7 (1992).

FACTS

ValAdCo, a cooperative of thirty-eight farm families, sought state and county approval to build two hog confinement facilities on land zoned...

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