Buffalo County board revokes dog‑boarding permit after neighbor complaints

The Buffalo County Board of Commissioners voted 5–2 on Sept. 12 to revoke a special use permit (Permit #2022‑080) authorizing a dog‑boarding operation on property owned by Mark Morten near Kearney.

The revocation followed a public hearing and a report from the county zoning administrator documenting several apparent violations of the permit conditions and the county's zoning resolution. The board adopted Resolution 2022‑49A, finding that the permittee failed to commence substantial construction within the 120‑day timeline in the original approval, built an enclosed addition without the required permits, did not place signage required by the permit, and had a new pond in a floodplain area that was not authorized in the approved permit materials.

Zoning Administrator Dennise Daniels presented the administrative record and the findings that prompted the review. The zoning report also noted that dogs were being kept in a non‑permitted addition rather than in the standalone kennel structure authorized in Resolution 2022‑49. The written findings recorded at the hearing stated that the property presently housed three dogs owned by Mr. Morten and four other dogs being kept on the premises.

During the hearing, the board heard opposition testimony from Michael Rost, a Buffalo County resident, and a brief expression of support from Jessica Morten. Attorney Nick Ridgeway represented the property owner at the hearing and answered questions from the board. After deliberation, commissioners concluded the permit should not be amended as proposed by the applicant and moved to revoke the permit.

The roll call on the revocation (Resolution 2022‑49A) recorded Aye votes from Commissioners Higgins, Kouba, Lynch, Loeffelholz and Klein and Nay votes from Commissioners Maendele and Morrow, producing a 5–2 outcome in favor of revocation. The resolution directs that a copy of the revocation be filed against the subject property.

Background: The permit was originally approved by the Buffalo County Board of Commissioners on Dec. 13, 2022 after a recommendation from the county Planning and Zoning Commission. The zoning administrator reported drive‑by inspections on May 10 and June 20, 2023 that prompted the compliance review and the public hearing held on Sept. 12, 2023.

The board’s action is administrative and limited to the county authority over zoning and special use permits; the revocation notice is to be filed with the county records as indicated in the resolution.