Board of Supervisors of Crooks Township v. ValAdCo

ValAdCo (defendant) was a cooperative of 38 farm families that sought to build two hog feedlots on agricultural land in Crooks Township, Minnesota (the township). The Minnesota legislature had enacted statutory provisions (§ 116.07) that empowered a state pollution-control agency, the Minnesota Pollution Control Agency (MCPA), to regulate animal feedlots. The MCPA established an elaborate permitting process with compliance monitoring. For large feedlots, environmental assessments were also required. In accordance with state law and following the MCPA’s process, ValAdCo applied for a permit to build its proposed feedlots. The MCPA imposed certain permit conditions, such as a 100-foot setback between residences and land spreading. The MCPA also completed an environmental-assessment worksheet. In the midst of the MCPA’s review, the township enacted an ordinance purporting to regulate animal feedlots. Under the ordinance, anyone who wanted to maintain a feedlot had to obtain a permit from the township. The ordinance imposed more onerous setback requirements and a requirement to provide a surety bond. The ValAdCo feedlots, as proposed, would not meet the ordinance’s setback requirements, and ValAdCo would have to secure a $1.35 million surety bond. The MCPA approved and permitted ValAdCo’s project. ValAdCo did not apply to the township for a permit. The township’s board of supervisors (plaintiff) sued ValAdCo to prohibit construction of the feedlots. The trial court ruled in ValAdCo’s favor, finding that the ordinance was invalid because it was preempted by and in conflict with Minnesota state law. The township appealed.