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COON v. NORTH DAKOTA DEPT. OF HEALTH

No. 20170089.

901 N.W.2d 718 (2017)

2017 ND 215

Deb COON, Randal Coon, Carolyn Dostert, Alan Dostert, Lee Fraase, Carol Hoveskeland, Lee Fischer, Ametta Frueh, Tim Frueh, Jan Kasowski, Paul Kasowski, Bill Marcks, Jackie Marcks, Gerald Marcks, David Percel, Liane Stout, Roy Thompson, Sheila Thompson, Judith VonBank, Robert VonBank, Craig Wendt, and Vicki Wendt, Appellants v. NORTH DAKOTA DEPARTMENT OF HEALTH and Rolling Green Family Farms RE, LLP, Appellees.

Supreme Court of North Dakota.

Filed August 30, 2017.

Attorney(s) appearing for the Case

Derrick L. Braaten (argued), J.J. William England (appeared) and David C. Keagle (on brief), Bismarck, ND, for appellants.

Margaret I. Olson , Office of the Attorney General, Bismarck, ND, for appellee North Dakota Department of Health.

Robin W. Forward , Bismarck, ND, for appellee Family Farms RE, LLP.

[¶ 1] Numerous landowners from the Buffalo area appeal from a district court judgment affirming the Department of Health's decision to issue Rolling Green Family Farms an animal feeding operation (AFO) permit. The landowners argue the Department erred by issuing Rolling Green an...

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