| 1:30pm | Monday, November 9, 2009 | |||||||||
| 20090180 |
Donald Hagerott and
Mark Hagerott, Appellants v. Morton County Board of Commissioners, Appellee | |||||||||
| Appeal from: | South Central Judicial District, Morton County, Judge Bruce B. Haskell | |||||||||
| Nature of Action: | Administrative Proceeding | |||||||||
| Counsel: |
| |||||||||
| Issues: |
Appellant's Statement of the Issues: I. Whether the Morton County Board of Commissioners' actions were arbitrary, capricious and unreasonable in violation of their own ordinance requiring a one-mile setback for new feedlots from residences where they permitted Fred Berger's feedlot within the one-mile from the Hagerott's homesite where Hagerott recently obtained a building permit, began dirt work and moved a mobile home on-site? Appellee's Statement of the Issues: I. Whether plaintiffs/appellants Donald Hagerott and Mark Hagerott have standing to appeal the decision of the Morton County Board of Commissioners to grant Fred Berger's conditional use permit for the development of a cattle feedlot? II. Whether the decision of the Morton County Board of Commissioners to grant a conditional use permit to Fred Berger for the development of a cattle feedlot was arbitrary, capricious or unreasonable? III. Whether the issue of alleged unconstitutional taking without just compensation is properly before this Court, and if so, whether there was a taking of Donald Hagerott and Mark Hagerott's property without just compensation? | |||||||||
| Briefs: |
| |||||||||
Generated from Supreme Court Docket on 04/19/2010 | ||||||||||