The owner of a feedlot near Surrey charged with 479 counts of improper disposal of cattle has filed civil lawsuits against Ward County and a former employee, alleging a myriad of counts including unconstitutional taking, breach of contract and conspiracy.

Nathan Smith, 46, Sawyer, has filed civil complaints and demanded jury trials in the two separate cases in North Central District Court.

The first case was filed on April 3 by Smith against former employee Darek Keller and two other individuals identified as Matt Dusek and Nicholas Peterson, according to court documents. The second case was filed April 20 against Ward County Auditor/Treasurer Marisa Haman.

Both civil cases came in the wake of Smith being charged with 479 infractions of improper disposal of animal carcass and the removal of a large number of deceased cattle from his property in March.

Smith waived his initial appearance and pleaded not guilty to the infractions on April 20. Smith’s lawsuit accuses the county of unconstitutional taking without due process of law through violations of Section 12 Article I of the North Dakota State Constitution and the fifth Amendment of the U.S. Constitution.

According to the North Dakota Century Code, animal carcasses that died from diseases other than anthrax or hog cholera must either be burned, buried, composted or given to a licensed rendering plant within 36 hours or disposed of by a method approved by the state veterinarian. The carcass must be placed not less than 4 feet below the surface of the ground and may not be disposed of along public highways or along any stream, lake or river.

Complaints

According to Smith’s complaints, Smith operated a wintering operation in Surrey Township beginning in 2024, with the intent that the property develop into an animal feeding operation. Smith’s complaint acknowledged cattle deaths occurred due to weather and other factors, but asserted it was “entirely normal in the cattle wintering and feeding industry.”

Smith’s complaint alleges Keller was an employee of Smith Farms, and was responsible for the design, construction, management and maintenance of the feedlot located 9 miles northeast of Minot. Further, Smith claims Keller had “full authority and responsibility and management of animal disposal,” during the period he managed the feedlot.

Smith’s complaint alleges Keller neglected to submit proper permits to governmental entities such as the Ward County Planning and Zoning Department, and of falsely claiming expenses and diverting funds from cattle sales, resulting in the end of the pair’s business and employment relationships in January.

Smith’s complaint goes on to accuse Keller of falsely claiming certain cattle died on the feedlot, and surreptitiously removing and selling the cattle under Keller’s name to divert the proceeds from the sale. Smith additionally accused the three of removing furniture, vehicles and equipment from a business owned residence which Smith claims Keller did not own.

Keller was identified as the reporting party in the carcass disposal case based on the Declaration of probable cause. Smith’s complaint levies a count of libel, slander and defamation against Keller, accusing him of making “false criminal complaints” regarding the death of the cattle at the feedlot.

Smith claims in his complaint to have filed reports with law enforcement regarding the allegations in the civil suit, but no charges have been filed based on court records and the Ward County Sheriff’s Department declined to comment.

The Ward County Commission voted April 21 to impose a zoning violation fine on the feedlot. The fine for failing to option a permit is $100 each day in violation. The county also ordered that no more animals be brought onto the property until violations are corrected. The commission also imposed a fine of $100 a day for lack of a zoning variance and lack of a conditional use permit related to a building foundation on the property.

Additionally, Smith said he was invoiced by the Ward County Highway Department for $15,725 in costs related to the removal and disposal of the carcasses, which he asserts does not reflect the same number of infractions levied against him by the Ward County State’s Attorney. This invoice was later approved by the Ward County Commission on March 17.

“Had the Ward County Sheriff’s office offered Plaintiffs the opportunity to remedy any alleged disposal issues with the carcasses, Plaintiffs would have promptly addressed any issues. Similarly, had the Ward County Sheriff’s office properly involved the state veterinarian or the Board of Animal Health, any allegedly lacking disposal efforts could have been evaluated and costs avoided,” Smith wrote in his complaint.

According to the declaration of probable cause in the improper disposal case, Dana Larson, Ward County High Department engineer, completed a map which showed runoff from the pile of deceased cattle would flow to a nearby stream, and that the method of disposal was not approved by the North Dakota State Veterinarian.

Smith’s lawsuit contends the creek in question is ephemeral, had no regular flow and was dry at the time the deceased animals were piled there. Smith claims to have conducted environmental testing through the First District Public Health Unit’s Environmental Health Division who found “no meaningful discharge” from the wintering operation with nitrate ranges of .436-2.01 mg/L detected. The legal limit is 10 mg/L, according to the North Dakota Department of Environmental Quality. Smith further pointed to a dismissed complaint filed with the Ward County Water Resource Board by McHenry County alleging improper drainage which he said found no supporting evidence of improper drainage into the creek.

New charges

Based on court records, a warrant of arrest was issued on Friday, April 24, against Nathan Smith and his wife Hannah Smith for Class C felony counts of tampering with witnesses to withhold testimony or evidence. Smith’s attorney Alexander Reichert filed a motion to quash the arrest warrant on Tuesday, April 28. A motion seeking to shorten the State’s time to respond to the motion to quash was granted on Wednesday, April 29.