The legal battle over a barn in Magnolia Township appears headed to a state appeals court. Kyle Geissler reports.
MAGNOLIA TOWNSHIP — A Rock County judge has overturned a state board's decision on a permit for a barn at Larson Acres, though the case likely is destined for a state appeals court.
Judge James Welker issued a 20-page written decision Monday in the case that the town of Magnolia and a group of neighbors filed against the state Livestock Facilities Siting Review Board over a permit for a barn owned by Larson Acres.
The livestock board will discuss Welker's decision Friday and likely decide to send the case to the Fourth District Court of Appeals in Madison, said Cheryl Daniels, the board's lawyer.
"I think one way or another, it's going to be appealed," she said.
It is the latest development in a case that's been disputed since 2002.
Welker's decision upholds the town board's March 2007 approval of a conditional-use permit for Larson Acres to house up to 1,500 animal units in a heifer barn on County B.
The town board's approval of the permit included seven conditions. Town officials have said those conditions are to protect ground and surface water, while Larson Acres said the town is trying to micromanage its farming.
Larson Acres appealed the town's decision to the Livestock Facilities Siting Review Board, which decided in August 2007 to overturn some of the conditions that the town had set.
Welker on Monday ruled that the livestock board overstepped its authority, that the Legislature did not grant authority to the livestock board to modify town board decisions, only to reject them in their entirety.
"It merely grants the authority to reverse the decision in appropriate cases," Welker wrote.
Magnolia board Supervisor Dave Olsen said Welker's decision is clear and narrow.
"Obviously, it's a very positive decision," he said.
Tony Ends, a member of Green Rock Citizens for Clean Water, also supported the decision.
"We are for farming that does not pollute water, and this landmark decision affirms our position," he said in a statement.
The state Department of Justice defended the livestock board in the case, but a spokesman declined to comment.
Daniels, however, said, "The questions haven't really been answered to our satisfaction and need to be answered by a court that handles this type of thing on a regular basis."
Ed Larson of Larson Acres said no matter which way Welker ruled, "I think we all knew this case was headed for the court of appeals. This was just another step to get there."
Welker anticipated an appeal, so he allowed Larson Acres to continue its operation under the livestock board's decision as long as an appeal is filed within 30 days of his final order.
"Nothing's going to change on our end until it goes to the next step," Larson said. "We're going to continue operating as we have for four generations. We've always been in compliance with the state environmental laws."