Home / Crime and Justice / Court Strikes Down County's Overreach in Plant Odor Case
Court Strikes Down County's Overreach in Plant Odor Case
9 Jun
Summary
- Judge ruled county officials acted improperly in rendering plant odor dispute.
- Court found Turner County violated company's due process rights and abused discretion.
- County's rezoning limited its authority to regulate plant odor and emissions.
A First Circuit Court judge has ruled against Turner County officials concerning odor complaints directed at the Dakota Protein Solutions (DPS) rendering plant near Freeman. The judge determined that the county's Board of Adjustment acted improperly and exceeded its legal authority, thereby violating DPS's due process rights and abusing its discretion. The court's decision, dated June 3, 2026, found the county's enforcement actions lacked sufficient notice and evidentiary support.
The dispute centered on a notice of noncompliance issued by the board in August 2025 for issues like dust control and improper animal storage, all of which DPS claims to have resolved. However, odor complaints, particularly related to a holding pond, were raised during subsequent hearings without being included in the official written notice. This, the judge stated, denied DPS a fair opportunity to respond.
Further complicating the county's position, the property's rezoning from agricultural to industrial in 2022 subjected the facility primarily to state environmental standards. The judge noted that the county's own rezoning decision severely restricted its capacity to address odor issues locally, leaving limited regulatory options unless state agencies intervene.
