By Sara Strong
Rock County, the County Commissioners and Bob Jarchow have responded to the suit filed against them by Glenn, Mabel and Loren Overgaard.
The defendants are accused of conspiring to help Chad and Scott Overgaard wrongfully obtain a hog feedlot permit. Chad and Scott Overgaard and their business, Overgaard Pork, are also named as defendants but have not yet responded to the suit.
Through attorney Scott Anderson, Rock County, the commissioners and Jarchow claim the lawsuit should be dismissed and that defendants "recover judgment for their costs and disbursements, together with whatever other relief this Court deems just and equitable."
Glenn, Mabel and Loren Overgaard filed a lawsuit in March claiming the defendants didn't act according to law when permits for a feedlot were granted. And beyond that, that they falsified records, acted with conflicts of interest, engaged in inappropriate conduct and aided in polluting the plaintiffs’ land, air and water.
Two sides
The plaintiffs are relatives of Chad and Scott Overgaard, who constructed a hog feedlot near Glenn Overgaard's and Loren Overgaard’s property in the spring of 2001.
John Burgers, individually and in his official capacity for the county, is also named as a defendant. He has not formally responded to the suit either, but as a feedlot officer and Land Management Director, he was instrumental in issuing permits.
Before the permits were issued Glenn Overgaard attended public meetings raising objections to the feedlot.
One of the claims his suit makes is that Burgers used intimidation tactics to prevent him from questioning the permitting process.
Glenn, Mabel and Loren Overgaard also claim that Jarchow backed up a false claim that the feedlot was existing. The suit says Jarchow "conspired to fabricate the existence of a prior feedlot in order to avoid the legal requirement associated with new animal feedlots …"
Jarchow's response to that is that the "allegations are a sham and false, impertinent and scandalous, and are brought for an improper purpose."
The lawsuit also says property owners and residents within 5,000 feet of the proposed hog feedlot weren't properly notified and that the setback requirements weren't followed.
The response from the defendants is that Glenn Overgaard was notified but refused to sign for it. The defendants also say the state requirement for setbacks is in place.
As a part of the suit, the plaintiffs point out Burgers' past crimes of bribery and mail fraud related to a different hog operation.
The law suit says "The county participated in the enterprise by actions taken by Burgers and Jarchow arbitrarily exercising their authority under color of state law to violate federal criminal laws and to promote the enterprise of illegally developing and furtherance of hog feedlots …"
The response to that is "These answering defendants affirmatively state that at no time relevant to any proceedings in this matter did these defendants have notice or knowledge of any of the alleged illegal or improper conduct by co-defendant Burgers; and further affirmatively state and allege that the allegations that these defendants took part in an illegal racketeering enterprise are not only false, but absurdly false, and that plaintiffs’ allegations in the complaint relating to alleged conduct by co-defendant Burgers … demonstrates the scandalous and impertinent nature of the allegations …"
The original lawsuit was filed March 19 in U.S. District Court, Minneapolis.