Citizen Lawsuit on Mower County Feedlot Officer Controversy to be Heard Sept. 25 in Austin

Minn. Attorney General Issues Letter Agreeing with
Key Argument in Citizen Lawsuit

CONTACT: Jim Peters, attorney, 320-634-3778;
Gene Slowinski, neighbor to the feedlot & plaintiff, 507-450-8944

9/21/07
AUSTIN, Minn.—A Mower County District Court will hear a citizen lawsuit Sept. 25 that charges Mower County with improperly issuing a county building permit and feedlot authorization to its feedlot officer for construction of two large-scale hog confinement facilities. The hearing will begin at 3:30 p.m. at the Mower County Courthouse in Austin.

The building permits were issued this spring to Mower County feedlot officer Lowell Franzen before the environmental review was begun.  State law requires that no permits be issued until after environmental review is completed.

The issue became controversial after neighbors to the site uncovered that Franzen sold the 14 acres that the large-scale hog confinement was to be built on to Santos Group, LLC, for $292,000—approximately $242,000 above market value.  Franzen then had his feedlot permit transferred to Santos.  The officers of Santos are Nick, Nate and Tyler Holden, all associated with Rice County-based Holden Farms, Inc., one of the largest operators of hog factory operations in the United States. The Mower County project is located in Lyle Township.

“The county clearly violated state law.  As the feedlot officer, Franzen should have known the permits could not be issued until after the environmental review was done and his supervisors should have been looking at this closely,” said Gene Slowinski, a neighbor to the proposed site and plaintiff in the lawsuit. “The county seems more interested in covering up its mistake and looking out for Holden Farms then standing up for the citizens of Mower County.”

On Sept. 17, Minnesota Attorney General Lori Swanson sent the Mower County Attorney Kristen Nelsen a letter stating that the permits appear to have been issued in violation of state law.  Attorney General Swanson suggested that the county review its position, stating, “You may wish to review whether the county wishes to declare the Mower County Feedlot Authorization and zoning permit null and void as a matter of law…..”

“This is a clear-cut case,” said attorney Jim Peters with Peters and Peters, LLC, which is representing the citizens. “The State Attorney General has weighed in, and agrees with us.  We have again asked the county to revoke these permits immediately.”

Mower County officials have placed Franzen on administrative leave but have not taken any other public action while an investigation is being conducted.  The county will not reveal the scope of the investigation or when it will be completed.

Before the Sept. 25 hearing, Slowinski, other neighbors and Peters will hold a brief press conference at 2:30 p.m. outside the Mower County Courthouse.  They will also be available for questions after the hearing. 

-30-

For a pdf copy of the Minnesota Attorney General’s letter to Mower County Attorney Kristen Nelsen, click here.

For more in the Mower County feedlot officer controversy, including relevant permits and other documents, see http://www.landstewardshipproject.org/pr/07/newsr_070818.htm.