|Clean water activists in Saratoga, Wisconsin fight for|
water and oppose the siting of a proposed factory farm.
A proposed massive factory farm in central Wisconsin has until the end of May 15, Monday to file an appeal to an adverse state appellate decision threatening to kill the Wysocki Family of Companies' plan for the operation of the Golden Sands Dairy, (LLC), in the town of Saratoga.
The appeal would be made to the Wisconsin Supreme Court. [Note , enter 15ap1258 in the Appeal Number field, leave the rest of fields blank and hit search at bottom-left of the linked Wisconsin Supreme Court page.]
The case is 2015AP001258, Golden Sands Dairy LLC v. Town of Saratoga, [(Wisconsin Court System), (Mal Contends), (Mal Contends), (Golden Sands Dairy LLC v. Town of Saratoga, (Wisconsin Court System), (Wisconsin Rapids Daily Tribune), (Mal Contends), (WSAW-TV)].
Sources contacted in Wood County Wisconsin have no idea what the Wysocki corporation will do, and believe a last-minute filing that would not be reflected in the online Wisconsin court system until Tuesday morning is possible. Other sources say the proposed CAFO may be dead, stressing they don't know.
The proposed Wysocki factory farm has caused sleepy central Wisconsin to ignite as communities in Adams and Wood counties have erupted in protest. They fear the operation of the CAFO would pollute waters and devalue property in this entire region.
Following is an April 13 press release from the prevailing parties representing the community of Saratoga and residents opposing the operation of the Wysocki CAFO:
Sarah Botham, Botham, ink.; firstname.lastname@example.org or 608.444.1101
Attorney Paul Kent at Stafford Rosenbaum; email@example.com or 608.259.2665 or
Attorney Remzy Bitar at Arenz, Molter, Macy, Riffle & Larson SC; firstname.lastname@example.org; (262) 548-1340
COURT OF APPEALS SAYS WYSOCKI’S BUILDING PERMITS DO NOT AUTHORIZE USE OF 4,660 ACRES IN TOWN OF SARATOGA FOR LAND-SPREADING MANURE
The Town’s 2012 zoning ordinance governs land use off of the site of the diary buildings.
MADISON, Wis. [April 13, 2017] The 4th District Court of Appeals ruled today in favor of the Town of Saratoga, holding that the vested rights that the Wysocki Family of Companies have in a building permit for seven dairy buildings on 98 acres do not authorize them to use more than 4,660 acres throughout the Town for the application of manure, according to Attorney Remzy Bitar, one of the attorneys representing the Town on the appeal. In so doing, the court overturned a 2015 circuit court ruling in Wysocki’s favor and directed the circuit court to enter summary judgement for the Town. In 2012 the Wysocki Family of Companies proposed the siting of Golden Sands Dairy (GSD), a 5300-cow operation, in the Central Wisconsin Town of Saratoga.
“We are pleased with the Court of Appeals decision, Bitar said. “The circuit court decision was an unprecedented extension of existing vested rights law, which the Court of Appeals refused to adopt.” Today’s decision allows a 2012 Town zoning ordinance that restricts agricultural use because of concerns regarding groundwater contamination, to control the land use for those 4,660 acres. This decision precludes Wysocki from using the property to land-apply 55 million gallons of liquid manure and 25,000 tons of solid manure generated at GSD.
In an earlier round of cases, the courts held that the Wysocki’s building permit application for seven dairy buildings was valid because the application was filed before the Town completed its zoning ordinance. In the current case, Wysocki argued that building permits for seven buildings automatically allowed Golden Sands Dairy the right to land-apply manure to 4,660 acres throughout the Town and away from the building site. That was rejected by the Court of Appeals which noted that the Wisconsin vested rights law has not applied to parcels separate from the parcels for which the building permit was issued.
“We hope this decision will facilitate a resolution of this on-going dispute,” said Attorney Paul Kent, representing the Town with respect to other issues associated with GSD.