Judge denies motion to dismiss Larson Acre case
Rock County Judge James Welker this morning denied a motion from an attorney for Larson Acres to dismiss an appeal of a state decision regarding a permit for one of the farm’s barns.
The town of Magnolia and a group of citizens have filed an appeal of the state Livestock Siting Review Board’s decision in July that overturned several conditions that the town included with its approval of a conditional-use permit for Larson Acres.
The permit is to house up to 1,500 animal units in a heifer barn on County B.
Larson Acres’ motion sought to dismiss the appeal for lack of jurisdiction, citing that the plaintiffs didn’t follow the filing requirements by filing too early. Welker dismissed the motion, concluding the state review board did not follow the proper procedures to notify all parties of its decision and the process for an aggrieved person to appeal. Therefore, he said, time limits to appeal do not apply. The case will continue.
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