CONTACT: Adam Warthesen, LSP, 612-722-6377
Mary Norstad, Ripley Township, 507-374-2462

8/15/06
MANTORVILLE, Minn.— A District Court Judge has ruled that a mega-dairy’s challenge of a township’s planning and zoning ordinance that bans the construction of livestock operations over 1,500 animal units was “without merit.”

In a decision issued Aug. 9, Judge Joseph A. Bueltel ruled in favor of Dodge County’s Ripley Township. The township had been sued by Ripley Dairy LLP, which for over four years has been proposing a controversial 3,000-animal unit mega-dairy in the township. The investors argued that the township had acted “illegally” and “arbitrarily” when it developed planning and zoning ordinances that banned the construction of large-scale livestock operations over 1,500 animal units. (Ninety-five percent of Minnesota dairy operations are under 150 animal units, according to the Minnesota Department of Agriculture.)

But Bueltel wrote in his ruling that the Court “…does not find any of the Dairy’s legal or equitable arguments persuasive.” Furthermore, in the summary judgment, Judge Bueltel concluded that, “Ultimately, in drafting its ordinance, the Board exercised its discretion and decided that smaller farming organizations were more suitable for Ripley Township in Dodge County.”

This is the latest in a series of court decisions that have supported the rights of Minnesota townships to develop their own planning and zoning ordinances. Ripley Township residents said Bueltel’s ruling provides an important vote of confidence for all the hard work and thought they put into developing their planning and zoning ordinance.

“We are very pleased with the ruling,” said Mary Norstad, a township resident. “We always believed our ordinance was fair and in the best interest of the community.”

The majority of township residents have expressed opposition to the investors’ proposal of a mega-dairy. Over the years Ripley Dairy’s investors have tried lawsuits, support of an annexation of the township by the City of Claremont and outside political pressure to force the project into the community—all unsuccessfully.

“The investors have tried every method to force this project into Ripley,” said township resident Lois Nash. “Maybe now the investors will listen to the community and follow the law instead of trying to get around it with lawsuits and divisive annexation schemes. It’s time Ripley Dairy saw the writing on the wall and dropped this proposal so we can all put this behind us.”

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To learn more about this court decision and the Ripley Dairy controversy, see KAAL-TV's coverage at http://www.kaaltv.com/article/view/103832/ and an article that appeared in the Winona Daily News at http://www.winonadailynews.com/articles/2006/08/16/news/01megadairy0816.txt.

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