S-23-0524 Dirt Road Development, LLC (Appellee) v. Robert Hirschman and Kathryn Hirschman (Appellant)
Appeal from the District Court for Howard County, Judge Mark D. Kozisek
Attorneys: Stephen D. Mossman and Andrew R. Spader (Mattson Ricketts Law Firm for Appellants) and Austin L. McKillip and Jessia K. Robinson (Cline Williams Wright Johnson & Oldfather, LPP for Appellee)
Civil: Conditional Use Permit
Proceedings Below: The district court entered an amended order enjoining Appellants from constructing and operating a new feedlot without first obtaining a conditional use permit. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The district court erred in holding Feedlot A-5 was a “Commercial Feedlot” within the meaning of the Howard County Zoning Regulations; 2) The district court erred in holding Feedlot A-5 was “adjacent” to the Appellant’s other feedlots; 3) The district court erred by failing to read the Howard County Zoning Regulations in pari materia; 4) The district court erred by failing to find Feedlot A-5 was a “Farm Feedlot” within the meaning of the Howard County Zoning Regulations; and 5) The district court erred by holding that the Appellants were required to obtain a Conditional Use Permit before constructing and operating Feedlot A-5.