An appeal of a Morton County Commission decision giving a preliminary permit to the proposed Fred Berger feedlot was denied Thursday by South Central District Judge Bruce B. Haskell.

Morton County's legal representative, Randy Bakke, and Donald and Mark Hagerott's attorney, Kari Reichert, gave oral arguments Thursday before Haskell at the Burleigh County Courthouse.

Haskell ruled the approval of the permit was not arbitrary, capricious or unreasonable.

Morton County commissioners' approval of the permit is conditional upon a clean bill of health from the North Dakota Health Department. That agency's decision is still pending.

Berger proposed the feedlot be located on a 137-acre site about 10 to 15 miles northwest of Mandan. The feedlot is expected to operate with between 8,000 to 10,000 head of cattle.

Berger and his attorney attended the hearing but did not testify.

A signed decision by Haskell is still pending in South Central District Court.

The proposed feedlot has drawn a great deal of debate among residents from the Crown Butte Housing Development because of its large size and odor, and because of concerns it could harm water supplies.

Don Hagerott has a building permit about a mile from the proposed feedlot site.

The Tribune was unable to reach Don Hagerott or Mark Hagerott, or their attorney, for a comment late Friday afternoon. Two messages were left for Don Hagerott late Friday afternoon. Mark Hagerott is not listed in the directory.

A message left for Reichert on Friday afternoon at the Vogel Law Firm was not returned.

"We felt it was an appropriate decision," Bakke said.

Morton County Commission President Dick Tokach said Assistant Morton County State's Attorney Brian Grossinger informed him of the decision Friday morning.

"I assumed we would win. We followed all the guidelines for a model feedlot," he said.

(Reach reporter LeAnn Eckroth at 250-8264 or leann.eckroth@bismarcktribune.com.)