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LSP Applauds State Supreme Court’s Rejection of Daley Appeal

Ruling Comes After Yearslong Attempt to Circumvent Winona County’s Local Rules Related to CAFOs 

March 19, 2025

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LEWISTON, Minn. —  The Land Stewardship Project (LSP) applauded the Minnesota Supreme Court’s recent decision to deny a Winona County factory farm owner’s attempt to circumvent Winona County’s rules governing the size of livestock operations. On March 18, Chief Justice Natalie Hudson announced that the Court would not hear an appeal filed by Daley Farm of Lewiston, LLP. Daley was attempting to appeal a decision issued by the Minnesota Court of Appeals in December that upheld a county’s right to limit the size of large animal feedlots operating within its borders.

“No matter how many times we are threatened with lawsuits by Big Ag, people are going to continue to stand up for small and mid-sized farms, rural communities and the land,” said LSP member Doug Nopar, who farms near Winona. “This decision sends an important message that when we fight back against even the most powerful forces, we can have a say in the future of agriculture, our land and our communities.”

The Court of Appeals decision leaves in place a state District Court ruling that Winona County had the right to deny Daley Farm’s attempt to circumvent the county’s 1,500 animal unit cap. In 2018, Daley Farm first proposed adding 3,000 dairy cows to its facilities near Lewiston, despite the fact that such an expansion would put the operation at 5,968 animal units (roughly 4,500 cows), almost four times Winona County’s cap.

The expanded facility would have annually used 92 million gallons of the area’s groundwater and produced 46 million gallons of manure and wastewater in an area dominated by karst geology and nitrate pollution problems. The expansion would have made the facility larger than 99% of all livestock operations in the state, according to the Minnesota Pollution Control Agency’s Feedlots in Minnesota database.

The Winona County Board of Adjustment (BOA) has twice denied Daley’s request for a variance, and, despite strong opposition from Winona County residents, Daley officials have repeatedly attempted to circumvent local county government rulings through various means, including suing Winona County over its BOA decision. In its March 18 ruling, the Supreme Court also denied an amici curiae (friend of the court) motion in support of Daley that had been filed by the Minnesota Milk Producers Association, Minnesota Farm Bureau Federation, Minnesota Pork Producers Association, Minnesota State Cattlemen’s Association and the Winona County Farm Bureau.

Over the years, LSP members in Winona County have been deeply involved in upholding the county’s animal unit cap, and in 2024 the organization, along with the group Defenders of Drinking Water, filed a legal brief with the Minnesota Court of Appeals contesting Daley Farm’s appeal of the state District Court’s decision. LSP is represented in the case by FarmSTAND and Public Justice.

“The Minnesota Supreme Court’s decision not to take up this appeal affirms the right of the people of Winona County to govern themselves, and to decide what the future of agriculture should be where they live,” said Holly Bainbridge, a FarmSTAND staff attorney. “Rural communities across the U.S. who want to see smaller farms thrive should look to Winona County and take heart.”

Sean Carroll, LSP’s policy director, said the Supreme Court’s decision tops off the legal system’s repeated support of local citizens’ right to speak up and control the future of their community. It comes at a key time for rural communities in the Upper Midwest that are facing the onslaught of an unprecedented expansion of factory farming: last month a dairy in Pierce County, Wis., received state approval to expand from 1,700 cows to 6,500 cows, despite heavy local opposition, and Riverview, LLP, which is based in Morris, Minn., has plans to build two facilities in North Dakota that would house 25,000 and 12,500 cows, respectively.

Since its founding over four decades ago, LSP has worked in Winona County and other parts of the Upper Midwest to support farmers in their efforts to develop crop and livestock systems that are economically viable, build healthy soil and protect water resources. Carroll said the organization is looking forward to deepening this work.

“When people speak out against large-scale industrial agriculture, they are casting a vote for a type of agriculture that is good for the environment, provides options for the next generation of farmers and supports Main Street businesses,” said Carroll. “LSP will continue working with our members and allies to build this kind of positive future.”

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The Land Stewardship Project is a nonprofit organization dedicated to an ethic of stewardship for farmland, promoting sustainable agriculture and developing healthy communities. LSP has offices in the Minnesota communities of Lewiston, Montevideo and South Minneapolis. More information is at landstewardshipproject.org.

FarmSTAND is the only legal advocacy organization in the country dedicated solely to taking on all industrial animal agriculture. It is focused on dismantling the structures that enable the consolidation of corporate power and extractive practices in our food system and supports a vision of animal agriculture that is regenerative, humane and owned by independent farmers. More information is at farmSTAND.org.

Category: News Releases
Tags: Big Ag • CAFO • Daley Farm • factory farm • local control • local democracy • nitrate pollution • Winona County

Contact

Sean Carroll, LSP policy director, e-mail, 763-297-1931

 

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May 2025

Thursday May 29

9:00 am – 12:30 pm
Storytelling for Sales: Digital Marketing for Sustainable Farmers
Thursday May 29
9:00 am – 12:30 pm
Storytelling for Sales: Digital Marketing for Sustainable Farmers
Zoom Online

Storytelling for Sales: Digital Marketing Best Practices to Get Your Farm’s Next Customer is designed to help farmers grow their customer base by sharpening their storytelling and digital marketing skills—whether they’re selling through farmers’ markets, CSAs, or direct-to-retail. This Greener Pastures and Meet the Minnesota Makers workshop will cover how websites and social media can actually convert viewers into buyers to creating content that builds community loyalty.

This workshop is also designed for ag educators, professionals, and partner organizational staff who support farmers directly and want to be well-versed on the marketing best practices to support direct-to-consumer farms. 

For details and to register, click here.

Saturday May 31

10:00 am – 12:30 pm
Multi-species Pasture Walk
Saturday May 31
10:00 am – 12:30 pm
Multi-species Pasture Walk
872 320th Ave, Frederic, WI 54837, USA

The NW Wisconsin Graziers Network, River Country RC&Dand UW-Madison Extension invite you to a multi-species pasture walk hosted by JohnsonFamily Pastures LLC. The farm is located five miles east of Frederic in PolkCounty. This educational event willemphasize direct marketing, multi-species grazing, part-time family agricultureand silvopasture development. Light snacks and refreshments will be provided.

TheJohnson Family Pastures farm is home to Chris and Tamara Johnson and their twochildren. They raise grass-fed beef, silvopastured goats, and recently raised anumber of other species. The farm consists of about 160 acres of gently rollingpastures, silvopasture, and forest. Use of both temporary polybraid fencing andhigh tensile permanent fences allow for rotational grazing of small ruminants andout-wintering of beef cattle. Use of long-term farm transition strategies, cost-shareprograms, silvopasture development with goats, regenerative grazing, cattlehandling facility and bale grazing will be discussed along with answering anyand all questions from pasture walk participants.

An extensive and diversified direct marketing programhas been developed by Tamara and Chris that has included farmer markets, e-maillists, newsletters, website ordering, on-farm freezer storage, and other strategiesand tools to support direct sales and services for their customers.  Come and learn all about their successfulapproach.

For more information,contact Chris Johnson at 920-960-4475 or Lynn Johnson 715-225-9882 at NW Graziers.

June 2025

Wednesday June 25

2:00 pm – 5:00 pm
LSP-PFI Grazing Field Day at Hoosier Ridge Ranch
Wednesday June 25
2:00 pm – 5:00 pm
LSP-PFI Grazing Field Day at Hoosier Ridge Ranch
Hoosier Ridge Ranch, 15998 Wabasha County Rd 26, Altura, MN 55910, USA

Over the last 50 years, livestock have left many farms. Eric Heins is doing the reverse: bringing cattle – and their poop, pee and hooves – back to his land. Come see how Eric is using his Normande-shorthorn crosses in a variety of grazing situations. During this Land Stewardship Project-Practical Farmers of Iowa field day, you can view permanent pasture, where Eric (like everyone) is battling the cool-season grass takeover. You’ll also learn how Eric is using his cattle in cover crop mixes, prairie and woodlands.

Since purchasing the farm in 2020, Eric has converted the cropland to pasture. He also custom-farms a diverse rotation of crops, covers and small grains on neighboring farms, including an established prairie on Iowa Department of Natural Resources land. A possible bonus: Eric is hoping to have virtual fence collars by the time of the field day, but no guarantees!

A meal featuring Hoosier Ridge Ranch burgers will follow the field day.

See & Discuss

  • Cash-flowing the conversion to pasture on owned versus rented cropland
  • Stockpiling pasture for winter grazing
  • Mechanical buckthorn clearing for silvopasture
  • Grazing agreements on DNR prairie and neighboring cropland
  • A sudangrass mix after a canning pea crop
  • An extended rotation with oats, barley and Kernza

For details and to register, click here.

Saturday June 28

4:00 pm – 8:00 pm
LSP's Boots & Roots: A Celebration of Land & People
Saturday June 28
4:00 pm – 8:00 pm
LSP's Boots & Roots: A Celebration of Land & People
Dream Acres, Co Hwy 8, Spring Valley, MN 55975, USA

Join Land Stewardship Project members and supporters to kick-start the Driftless summer with an evening of good food, good music, and good times. We’ll have activities for all ages that will get you out in nature, exploring the connection between our region’s farms and your community’s food, land, and water. Bring a side or dessert to share for dinner, and the Dream Acres wood-fired oven will provide locally-sourced pizzas and flat breads. Dinner will be followed by live music and contra dancing by the Crater City String Band.  

To reserve a spot, click here.

Camping sites are available at nearby Masonic Park and Forestville Mystery Cave and Lake Louise State Parks. Camping at Masonic is rustic,first-come-first-serve, free, and does not require a reservation. Fillmore County, who manages the park, only asks that you call the dispatchers at507-765-3874 when you arrive with your vehicle information and phone number in case of emergency. State Park reservations cost $25 a night and can be made online.

July 2025

Tuesday July 15

5:00 pm – 8:00 pm
Organic Fruit & Vegetable Field Day
Tuesday July 15
5:00 pm – 8:00 pm
Organic Fruit & Vegetable Field Day
1805 Dudley Ave, Falcon Heights, MN 55113, USA

Join U of M researchers and Extension for updates on organic fruit and vegetable research and tour the Student Organic Farm and the Minnesota Agricultural Experiment Station in Saint Paul. Topics include: organic insect management, integrating livestock into vegetable farms, new crops for Minnesota, irrigation strategies, and more. Free to the public.
 
For details and to register, click here.

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