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Judge throws out Overgaard feedlot suit against county

By Sara StrongU.S. District Court Judge Donovan Frank dismissed federal charges against the county July 25 in the Glenn, Mabel, Loren and Mark Overgaard lawsuit.The suit also involved local defendants Chad and Scott Overgaard, Overgaard Pork, former Rock County Feedlot Officer John Burgers, Rock County Board of Commissioners and Schwartz Farms, which owns the animals Overgaard Pork raises.The lawsuit involved federal and state charges. Judge Frank dismissed the federal charges, but also dismissed, without prejudice, the state portion of the charges. That means that the defendants could still see claims through state court, but that this particular judge thought they were without merit.Other than going through state court, the plaintiffs also have the option to appeal the ruling.Rock County Attorney Don Klosterbuer said, "From the county standpoint it’s significant because there are fewer claims that can be brought against the county."The lawsuit, filed March 19, 2002, alleged that the defendants conspired to help Chad and Scott wrongfully obtain a hog feedlot permit to build a 3,200-head hog setup about a half mile from Glenn’s property in the fall of 2001.Glenn protested the permit throughout its process in the county.The suit claimed the defendants didn’t act according to law when permits for a feedlot were granted. The suit also alleged defendants falsified records, acted with conflicts of interest, engaged in inappropriate conduct and aided in polluting the plaintiffs’ land, air and water.

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