Magnolia barred from beefing up farm water rules
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Magnolia Town Chair Fern McCoy reacts to the state Supreme Court ruling against the town saying it cannot impose environmental controls on Larson Acres.
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MILWAUKEE The Wisconsin Supreme Court ruled Wednesday that a rural town lacks the authority to impose tougher water-quality standards on a livestock farm than the state requires.
Magnolia granted Larson Acres Inc. a permit in 2007 when it wanted to expand, but included a number of conditions because residents blamed it for polluting their water supply. The farm initially had 1,000 cows and now has about 2,900.
Among the conditions, the farm had to allow the town to conduct monthly water quality tests on its land, and it had to follow certain crop-rotation strategies to reduce nitrate buildup.
The farm sued, arguing that pollution-control measures are laid out by the state and can't be modified by individual towns.
The state Supreme Court agreed, ruling that the town exceeded its authority by imposing additional measures.
The case has been watched by rural Midwest communities struggling to deal with the expansion of so-called factory farms. States throughout the farm belt have seen big farms get bigger as the agriculture industry continues to consolidate.
Similar cases have been filed in six other Midwestern states, but Wisconsin's is believed to be the first to reach a state supreme court.
The lead plaintiff was Magnolia resident John Adams, who says he can't see the nearly 3,000 cows on Larson Acres' farm two miles from his home, but when the wind blows he can smell them.
The stench gives him and his wife headaches. They blame the farm for contaminating their air and polluting the groundwater well they use for drinking, bathing and watering their garden. They no longer feel safe eating the vegetables they grow.
"A township should have the right to establish guidelines to keep its people safe, but it doesn't," Adams said in September when the high court first heard arguments in the case. "Those of us who are being affected, it's like there's nothing we can do."
At that September hearing, Larson Acres attorney Eric McLeod told the justices that a town could introduce its own water quality regulations, just not as part of the permit-granting process. For example, Magnolia could monitor drinking water for nitrates and then sue the farm if pollution levels rose above certain limits, he said.
Similar cases have been filed in Illinois, Indiana, Minnesota, Nebraska, Ohio and Oklahoma. Two juries in Missouri have handed out multimillion-dollar awards to homeowners who complained of intolerable odors from factory farms.


Jul 14, 2012 at 8:04 p.m.
Jul 12, 2012 at 10:49 p.m.
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When are other residents of the township going to sue the town board/Mr Adams to recover the $$$$$ legal fees spent on this???
Jul 12, 2012 at 9:59 p.m.
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My home is less than a mile from Larson's main farm and I honestly have no complaints. I live in the country. I chose to do so knowing there are times it is going to smell like a farm. These times are few, far between, and short lived. I'm proud to call them neighbors.
Jul 12, 2012 at 7:54 p.m.
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Pollution DNA the only way to make it stick.
Jul 12, 2012 at 7:52 p.m.
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Dwight-
-Tuls operation lookin good?
Smellin bad- you cannot deny that! :)
Ya r whut ya eat- aMmOnIa- nitrate marinated milk. Flavor of the day.
Janesville hospital needs to increase its oncology department now.....
ORGANIC OR RAW or nuthin at all. :)
Jul 12, 2012 at 7:04 p.m.
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Good to see you, Tequila. I see the Tuls operation is up and running and lookin' good! Enjoy :)
Jul 12, 2012 at 3:13 p.m.
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Air odor ALWAYS translates to water pollution....Don't any of you remember the water cycle pictures in yer grade school science books. BIG DAIRY- THERE IS NO MAGIC WAND THAT MAKES POLLUTION DISAPPEAR WITH THOUSANDS OF COWS TEETERING ON THE SAME SLAB OF CEEEMENT!!!
Jul 12, 2012 at 2:04 p.m.
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I do agree....legalize the sale of raw milk, people drink it that way already. A lot of us grew up drinking raw milk.
Jul 12, 2012 at 10:43 a.m.
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Haha I agree completely with cvtdanelvr, John Adams you are an idiot... Move back to town and do us all a favor.
And to all of you complaining about the smells of agriculture, do the farmers a favor and plug your noses and quit eating the food that we put on your table. We'll see how long you survive doing that!
Congrats to Larsons on the small victory.. too bad this won't be the end of the lawsuits, some other idiot will pipe up before long.
Jul 12, 2012 at 10:39 a.m.
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copper6693
Thanks for you input, nice to hear responses from people who actually live near the Larson farm.
Jul 12, 2012 at 10:30 a.m.
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I have lived within a half mile of Larson Acres for the last 10 years, and have only experienced farm related odors twice, and that is it. When it did smell, it was minor and reminiscent of country living. I know several people who live north, south, east and west of their farm and also have little to complain about. Larson Acres are incredibly thoughtful neighbors, who care deeply about their community, friends and family. The accusations towards them is absurd and exaggerated. We need to support our farmers, so if you do not like it... then sell your house to somebody who will appreciate farming and country living.
Jul 12, 2012 at 10:29 a.m.
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If you don't like factory farms, quit having so many BABIES!
Jul 12, 2012 at 9:39 a.m.
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lovemy country that is a false statement.
Jul 12, 2012 at 9:09 a.m.
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lovemycountry - I take exception to your comment. Do you live in or around Milton? There is a "family farm" on the western side of Milton and that place just reeks in town, no matter what side of town you are on. The place is an absolute dump.
Jul 12, 2012 at 7:59 a.m.
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I happen to agree with some here about that Larson Acres should sue Magnolia, but I don't think they will stoop to that level. Maybe then, the voters would wise up and vote out the current members that keep fighting this. Do you realize how much money this "factory farm" pays in taxes to the community? Do you realize that this family has been in the area for all their lives? Do you realize that Larson's try to hire locally as much as they can? They try to do as much good for the community as possible, but yet you still have people yelling about them.
Jul 12, 2012 at 5:39 a.m.
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9562M- Do you work for Larson's . I guess I am wondering where your question is coming from. What you described sounds reasonable.
Jul 12, 2012 at 5:32 a.m.
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OH Tippi you are a liar and typing in all CAPS does not make you less of one. We live on 6th and the Vision street area, have since our house was brand new. We have never had a whiff of any farm, and this as you know is the west side. You lie and make up stories as you go along. You been proven a liar steerstuffer did a good job of that. The Larson farm has been there for over 30+years, and we know people who live in Larson Acres and they have never complained about the farm expanding or smelling anything from that farm. It's fine you do not care for it, but do not lie to make your story sound more impressive. The fact is Magnolia township has lost, again. They will never beat them because they are within their rights. It's time for Larson's to start recovering their legal fee's from Magnolia.
Jul 12, 2012 at 1:24 a.m.
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well tipi I beg to differ your facts. I know milkers at Larson's and they do not live at the house on the home farm. It was converted to office and conference rooms. What difference if they live there or not? Most live within a mile of the farm. We have more than one farm and we live at one. Can't be in two or three places at once. Larson bashers are always going to bitch about something. Those kinds of people have no minds or no lives. They have to be in everyone's business and no one will be able to tell them anything.
Jul 11, 2012 at 10:56 p.m.
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Ok Somebody answer. Why is it that we have to have our septic tanks pumped or inspected every 3 years and the manure can be spread with no problem.
Jul 11, 2012 at 10:52 p.m.
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I HAVE KNOWN THE LARSONS MY WHOLE LIFE WE LIVED NEAR THEM WHEN THERE FARM WAS A REGULAR OLD FASHION FAMILY FARM (MY MOTHER STILL LIVES THERE)BEFORE IT BECAME A MEGA FARM....LARSON ESTATES WAS ALSO THERE BEFORE IT BECAME A MEGA FARM......THE OLD FARM HOUSE ON THE FARM IS WHERE THE MILK CREWS STAY.. NONE OF THE FAMILY EVEN LIVES ON THE "HOME" FARM.... ON THE WEST SIDE OF EVANSVILLE YOU CAN SMELL THE STENCH WHEN THE WIND IS RIGHT...I AM NOT A LIAR AND I DO KNOW MY FACTS
Jul 11, 2012 at 8:58 p.m.
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I drive by LA each day. Larson's has MILES of 6" black hose with which they pump liquified wastes to fields that are very far away from the barns. They set up pumping stations every half mile and run hoses under the highway through culverts.
This is not the farming we grew up with, when manure was shoveled out of the barn then spread on fields, in about an hour it would dry out and the smell would be gone.
Now the manure is mixed with thousands of gallons of water so it can be pumped off site. The smell does not dissipate for days.
So the stink you smell in Evansville isn't coming from the barns at LA, its coming from the fields that are just a few yards away from your home.
Jul 11, 2012 at 8:28 p.m.
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Factory farm/Family farm, it is run very, very well. They drink their own water. Which they would not do if they thought they were poisoning the ground water. Simple fact is Magnolia over stepped the boundaries again. There are a couple people who think they are king on that board, that feel the need to puff out there chests and try to make life miserable for the Larsons. Well they have failed, again and again. It will cost Magnolia residents in the long run , and then they will be complaining about their taxes.
Jul 11, 2012 at 7:38 p.m.
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Know what, Brodheadnative? I actually live in Brodhead. I know what farms smell like. I know what fields smell like in the fall and early spring. I know the difference between farms, slurry, and Larson Acres. Geesh. I do not understand why you all get so up in arms over pointing out the fact that people are worried about their water due to the FACTORY out there. It is not a "family farm" anymore. There is a huge difference. The fact that they refuse to acknowledge the difference is why I have no respect for them or their supporters.
Jul 11, 2012 at 4:01 p.m.
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KUDOOOS To the State Supreme Court! Larson's are heroes in my book. They stood up for what they believe right and didnt back down.
Way back in the beginning my brother said that the townboard, Adams and his followers better watch out. They keep saying Larson Acres is a factory farm (aka big business) not a family farm. If Larson Acres was a big cooperation when everything was said and done they would go after the Township and the people who started it all for ALL THE LEGAL AND COURT COSTS they had encured over the years. Personally I hope they do.
Jul 11, 2012 at 3:57 p.m.
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Thank you steerstuffer for clarififying that. I get outside of Evanville and I never know if it's Magnolia , or Union. I have drove past Larson's back and forth to work for years but never thought of the actual address. It does seem like there is a couple of people on the Magnolia board who really are out to get the Larson's. Almost at this point they do not want to admit they have lost, and the Larson's have won. The Larson's are good people and would not sue , they do not go out of their way to make trouble for their neighbors, even when their neighbors have harassed them. They are good people, excellent farmers, and contribute a lot to the community of Evansville. We should be thanking them, not harassing them.
Jul 11, 2012 at 3:32 p.m.
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brodheadnative- Your right. Larson's should sue the town board. It's Magnolia not Union though. The town board is broke though because they spent all the tax payers money fighting Larson's all these years. I'd love to see them get sued but I doubt they will. Larson's have more class than than to stoop to their level.
Jul 11, 2012 at 3:32 p.m.
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There were farmers and farms in the country long before there were city folks. City folks need to stick with living in town. Either move or quit or whining.
Jul 11, 2012 at 3:27 p.m.
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It's gotta be said - John Adams, you're a moron. Here's something you can do - MOVE and quit your crying. Farms smell - it's not exactly news.
Jul 11, 2012 at 3:24 p.m.
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And yes Larson's farm was there long before the Larson subdivision. Tipi, has certainly been tipping some thing.
Jul 11, 2012 at 3:23 p.m.
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Booradley, it smells like a farm, that is what you will find in the country. Farms. Imagine that. The only one lying is Tipi16 trying to suggest you can smell it in Evansville. That is bunch of bunk. They drink their own water, they would not do that if they feared or knew they had contaminated. Some people with their ignorance on here should take a tour of the farm and get their facts straight. Larson's should sue UNION and certain town board members for harassment. But they won't they are decent people unlike some on Union's board.
Jul 11, 2012 at 2:35 p.m.
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Cows smell. Farms smell. Depending on the wind, depends on how much you smell. Yes, larger farms smell more. With the decline of family farms, the massive farms are a result. You can't control everything. If you don't want a farm smell - don't live in the country. Sad how this country fights over the dumbest things.
Jul 11, 2012 at 2:22 p.m.
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Just because they may be good people does not mean it doesn't stink like poop and rotting carcass out there. I understand sticking up for your friends, but don't tell lies. Anyone who goes anywhere near there can smell the place for miles.
I feel bad for the rest of the residents out there that have real, valid concerns about their water.
Jul 11, 2012 at 2:07 p.m.
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tipi-larsons subdivision was not there before the Larson's. Get your facts straight. Larsons doesn't smell more than your healthy sh-t in the morning.
Jul 11, 2012 at 1:29 p.m.
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tipi16 , you are full of crap, maybe cow crap but full of it none the less. There is no house hold in the city of Evansville that you can smell Larson's farm.
It is very possible she smells the sewer plant, because when there is a good breeze you can smell that through out town, and the closer you get to the sewer plant the stronger it is.
Does not seem right, but the city says it's fine.
Larson's good family, Excellent clean farming operation.
Jul 11, 2012 at 11:25 a.m.
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Many larger farms are much cleaner than the smaller family run farms. I have seen this more than once with my own eyes!
Jul 11, 2012 at 10:05 a.m.
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My sister lives IN Evansville and YOU can smell the stink at her home.....my brother's FARM...is just down the road from the Larsons and the smell is constant....don't say just move...some of these families and farms (including Larson Estates suddivision) have been there BEFORE The Larson Family Farm became a factory farm...
Jul 11, 2012 at 9:32 a.m.
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High five for Larson's!
Jul 11, 2012 at 9:30 a.m.
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Liberals should be happy today....the wind farms expansion got a win in the SC today. Following the law...you can't have it both ways, folks.
Jul 11, 2012 at 9:11 a.m.
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I dont understand why they would not want to take extra measures to make sure the water is safe?
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And if they dont like the smell....move. City people shouldnt be allowed to have an opinon on a lot of things.
Jul 11, 2012 at 9:10 a.m.
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yeh we should ban all farms and then when you want some meat, well ts. some people are so clueless....
Jul 11, 2012 at 8:57 a.m.
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Genuine family farms don't smell for miles. Factory farms do, however.
Jul 11, 2012 at 8:45 a.m.
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he can't see them but he can smell them? really, move into town then if you don't like it. geez.
Jul 11, 2012 at 8:33 a.m.
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How long before the next lawsuit?
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