By Sara Strong
A local hog operation controversy puts Rock County on the list of defendants in a lawsuit filed in U.S. District Court March 19.
In their suit, Glenn, Mabel and Loren Overgaard claim, among other things, the county didnÕt act according to law when permits for a feedlot were granted.
Other defendants besides the county itself are: Rock County Board of Commissioners; John Burgers, individually and in his official capacity as feedlot officer and director of the Land Management Office; Robert Jarchow, individually and in his official capacity as a County Commissioner; Overgaard Pork; Chad Overgaard and Scott Overgaard.
The plaintiffs are relatives of the Overgaard defendants, who constructed a hog feedlot near the Glenn Overgaard property in the spring of 2001.
The Minnesota County Insurance Trust is handling the lawsuit for the county, but local County Attorney Don Klosterbuer said, "The county feels it followed proper procedure."
The suit claims that conflicts of interest, falsified records, inappropriate conduct and pollution should negate the permit that allowed for Chad and Scott Overgaard, of Overgaard Pork, to construct and operate where they are.
Glenn, Mabel and Loren Overgaard are each seeking monetary damages exceeding $825,000 from the defendants.
Chad Overgaard said he was surprised by the suit because the Minnesota Pollution Control Agency gave clearance to what the county had previously inspected.
He also plans to build a home near the feedlot site so it would be in his best interest to keep it environmentally sound.
Part of the complaint points out Burgers' past crimes in bribery and mail fraud related to the Pipestone County hog operation, Global Ventures.
Chad Overgaard said the insinuation that the two are related is wrong. "We've never had anything to do with Global Ventures, and the only connection we have to John Burgers is that he worked for the county."
Suit claims
The only papers filed with the courts at this point are from the side of the plaintiffs.
One of the claims Glenn, Mabel and Loren Overgaard make is that the hog facility was wrongly permitted as an existing feedlot.
Jarchow, outside of his duties as a County Commissioner, handled the estate of the late Abraham Oydna, which is where the feedlot is now. The suit says Jarchow backed up a false claim that the feedlot was existing when he reported that he heard animals on it during one of his visits to the site.
The suit says the defendants "conspired to fabricate the existence of a prior feedlot used within five years in order to avoid the legal requirements associated with new animal feedlots..."
The suit says property owners and residents within 5,000 feet of the proposed hog feedlot weren't properly notified of the proposed hog feedlot.
The plaintiffs said in the suit that the setback measurements from other properties weren't followed.
The suit also said water, soil and air pollution occurred as a result of the feedlot.
The suit alleges Luverne attorney Damon Eisma helped falsify the date of the land sale to Scott and Chad Overgaard.
It also says Burgers used intimidation tactics on Glenn Overgaard to stop him from questioning the progression of the permits.
Rock County will respond to the claims in about a month. Since the defendant Overgaards were permitted through the county, they are waiting to see how the county defends its permits before they will know what to do.