BLUE EARTH PORK v. COUNTY OF BLUE EARTH

No. C1-96-1222.

558 N.W.2d 25 (1997)

BLUE EARTH COUNTY PORK PRODUCERS, INC., Appellant, v. COUNTY OF BLUE EARTH, Respondent.

Court of Appeals of Minnesota.

Review Denied March 26, 1997.


Attorney(s) appearing for the Case

Gary W. Koch, Michael S. Dove, Gislason, Dosland, Hunter & Malecki, P.L.L.P., New Ulm, for Appellant.

Ross E. Arneson, Blue Earth County Attorney, Mankato, for Respondent.

Daniel J. Greensweig, Kennedy & Graven, Minneapolis, for amicus curiae Minnesota Center for Environmental Advocacy.

Thomas P. Harlan, Minneapolis, for amicus curiae National Wildlife Federation.

James R. Andreen, Erstad & Riemer, P.A., Minneapolis, for amicus curiae Association of Minnesota Counties.

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


OPINION

KALITOWSKI, Judge.

Appellant Blue Earth County Pork Producers, Inc. challenges the district court's grant of summary judgment in favor of respondent County of Blue Earth, contending the district court erred in determining the County's ordinance was not (1) preempted by state law; (2) in conflict with state law; or (3) arbitrary and capricious.

FACTS

The County of Blue Earth (County) passed the Livestock Manure Management Ordinance...

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