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Outside the North Dakota Supreme Court chambers. John Hageman / Forum News Service

ND hog farm opponents petition for rehearing

BISMARCK—Opponents of a hog farm near Buffalo, N.D., are seeking another hearing at the North Dakota Supreme Court.

The case stems from the North Dakota Department of Health's 2016 decision to grant a permit to Rolling Green Family Farms for a 9,000-swine factory farm about 40 miles west of Fargo. In a petition dated Wednesday, Sept. 13, attorneys for the Concerned Citizens of Buffalo pointed to the court's Aug. 30 opinion, which said the department "erred by failing to apply its administrative rules but reversing the department's decision would be futile because Rolling Green could successfully challenge the denial."

The attorneys, led by Derrick Braaten of Baumstark Braaten Law Partners, said the court's opinion was based on speculation and represents a "remarkable departure" from precedent and constitutional norms.

"A loss of faith in the rule of law and the system of justice this democracy created to uphold it is the greatest harm that could result from this legal proceeding," the petition states.

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