955 N.W.2d 87
N.D.2021Background
- Grand Prairie Agriculture applied to Pelican Township to approve a proposed swine AFO (maximum 999.6 animal units).
- Pelican Township denied the site because Kenner Campground lay within required setbacks: township ordinance required 3/4 mile; state statute required 1/2 mile; the campground was 1,340 feet from the proposed facility.
- The entire township—including the campground—was zoned agricultural, though the ordinance permitted recreational uses on agricultural land.
- State law (N.D.C.C. § 58-03-11.1) defines an AFO "location" setback measured from the nearest occupied residence, nearest nonfarm/nonranch buildings, or the nearest land zoned residential, recreational, or commercial.
- Grand Prairie appealed to district court after the township denial; the district court affirmed. The Supreme Court reversed the denial and remanded, holding the township misinterpreted and misapplied the statutory setback scheme by measuring from the campground.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Township could measure AFO setback from Kenner Campground | Campground is not an occupied residence, nonfarm building, nor on land zoned recreational—so it cannot serve as the setback point | Campground’s recreational use places it within the setback protections; township enforcement was proper | Court: Campground sits on agriculturally zoned land; permitted recreational use is not the same as land zoned for recreational purposes—campground cannot be used to measure setbacks; denial reversed |
| Whether the Township correctly interpreted and applied N.D.C.C. § 58-03-11.1 | Township misread statute and misapplied ordinance by treating the campground as a zoned recreational parcel | Township’s denial was a permissible exercise of its ordinance and discretion | Court: Township misinterpreted the statute; misapplication of law is arbitrary/unreasonable and requires reversal |
| Standard of review and authority to regulate AFO locations | Grand Prairie: Court should correct legal error de novo; township may not exceed statutory limits | Township: decision entitled to deference under local-governing-body review | Court: legal interpretation reviewed de novo; local decision upheld only if not arbitrary—here error in law warranted reversal |
Key Cases Cited
- Dahm v. Stark County Board of County Commissioners, 841 N.W.2d 416 (2013 ND 241) (standard for affirming local governing-body decisions unless arbitrary or unsupported)
- Gowan v. Ward County Commission, 764 N.W.2d 425 (2009 ND 72) (failure to correctly interpret law is arbitrary and unreasonable)
- Hagerott v. Morton County Board of Commissioners, 778 N.W.2d 813 (2010 ND 32) (interpretation of ordinance or statute is fully reviewable)
- City of Fargo v. Hofer, 952 N.W.2d 58 (2020 ND 252) (start statutory interpretation with plain language; give words ordinary meaning)
- Gooss v. Gooss, 951 N.W.2d 247 (2020 ND 233) (construe statutes as a whole and harmonize related provisions)