DeCoster v. Franklin County

SNELL, Justice.

This is a declaratory judgment action to determine whether the State, Franklin County, or both have jurisdiction to regulate the construction of a livestock waste storage basin. The district court held that concurrent jurisdiction applies. We reverse and remand.

Plaintiff, A.J. DeCoster, petitioned for a declaratory judgment to determine the regulations applicable to the construction of a livestock waste storage basin. DeCoster purchased approximately 160 acres of farm land located in rural Franklin County, an area presently zoned as “agricultural.” On this land, he proposes to…