By Sara StrongThe federal portion of the Overgaard lawsuit was dismissed Monday against Chad and Scott Overgaard.The federal charges were dismissed with prejudice, meaning they can’t be brought into state court.The state charges were also dismissed by the same federal judge without prejudice, so they can be brought to state court if the plaintiffs choose. The state charges are the claims such as nuisance, negligence and trespassing.The federal charges involved the accusation that the hog confinement permitting process was fraudulent or unfair.Glenn, Mabel, Loren and Mark Overgaard had sued Chad and Scott over their hog confinement operation just after it was built. The plaintiffs also protested throughout the process.Besides Chad and Scott, the suit involved Overgaard Pork the business, former Rock County Feedlot Officer John Burgers, Rock County Board of Commissioners and Schwartz Farms, which owns the animals Overgaard Pork raises.Claims against County Commissioner Bob Jarchow had been filed, but were dismissed in March. The charges against the county were dismissed in federal court in July.The plaintiffs were suing for monetary damages exceeding $50,000, which is standard.The plaintiffs now have the option of appealing, taking portions of the lawsuit to state court, or dropping it altogether.The lawsuit, filed March 19, 2002, alleged that all 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.The suit claimed the defendants didn’t act according to law when permits for a feedlot were granted, which fell under the federal part of the lawsuit.
