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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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September 2025

Wednesday September 17

9:00 am – 3:00 pm
Grazing for Invasive Species Management in Oak Savannas
Wednesday September 17
9:00 am – 3:00 pm
Grazing for Invasive Species Management in Oak Savannas
Myre-Big Island State Park, 19499 780th Ave, Albert Lea, MN 56007, USA

For details on this workshop, click here.

12:00 pm – 2:00 pm
Extending the Grazing Season with Cover Crops & Native Grasses
Wednesday September 17
12:00 pm – 2:00 pm
Extending the Grazing Season with Cover Crops & Native Grasses
Bluffton Resort & Bar, 2619 W Ravine Rd, Decorah, IA 52101, USA

This Ducks Unlimited workshop will feature a discussion of how livestock producers can utilize cover crops and native grasses to extend the grazing season. Featured speakers include Adam Janke, who will discuss Iowa State University’s research on CRP grazing, and Brian Dougherty of Understanding AG, who will discuss the economics of grazing cover crops. There will also be a presentation on Ducks Unlimited’s Advancing Markets for Producers Partnership. 
 
For details, see this flier. or call Ducks Unlimited’s Liam Bonk at 612-483-3577. To register, click here.

Thursday September 18

5:00 pm – 7:30 pm
Minnesota Women in Conservation: Conservation Land Walk in Dawson
Thursday September 18
5:00 pm – 7:30 pm
Minnesota Women in Conservation: Conservation Land Walk in Dawson
Dawson, MN

During this Minnesota Women in Conservation event, participants will walk around a “homestead” farm site — exploring areas and goals the landowner hopes to improve in the future, including pollinator habitat, perennial plantings, wind breaks, privacy/noise screens, water quality improvements, well sealing, and compost placements. Participants will hear feedback and recommendations from a conservation professional on potential programs that could assist the landowner in achieving those goals. 
 
This is a FREE event, but you must RSVP here to get the address. For more information and to RSVP, click here.

Saturday September 20

All Day
Farm Aid
Saturday September 20
Farm Aid
Huntington Bank Stadium, 420 23rd Ave SE, Minneapolis, MN 55455, USA

 Farm Aid is heading to Minnesota for the first time for its 40th anniversary festival on Saturday, Sept. 20, at Huntington Bank Stadium in Minneapolis. The event will launch a year-long celebration of four decades of impactful advocacy, historic cultural moments and unforgettable music.

Farm Aid 40 — a full day of music, family farmers, HOMEGROWN food and agricultural experiences — will feature performances by Farm Aid board members Willie Nelson, Neil Young (and the Chrome Hearts), John Mellencamp, Dave Matthews (with Tim Reynolds), and Margo Price, as well as Billy Strings, Nathaniel Rateliff & the Night Sweats, Trampled by Turtles, Waxahatchee, Eric Burton of Black Pumas, Jesse Welles, Madeline Edwards and more artists to be announced.

For details, click here.

Monday September 22

9:00 am – 3:00 pm
Twin Cities Urban Farm Bus Tour
Monday September 22
9:00 am – 3:00 pm
Twin Cities Urban Farm Bus Tour
Leatherdale Equine Center, 1801 Dudley Ave, St Paul, MN 55108, USA

Join University of Minnesota Extension, Hennepin County, and the Natural Resources Conservation Service on Monday, Sept. 22, for a bus tour of urban farms. We’ll discuss the challenges of city growing, including compaction, contamination, soil health, water management, and more. And we’ll learn about how growers are using soil health practices to mitigate these challenges. Stops will include: 

  • The St. Thomas research gardens, where researchers have been studying different methods for maintaining fertility in urban garden beds for 8+ years, and learning about how these different approaches impact soil health and water quality
  • Our Roots Community Garden, where gardeners have implemented a variety of soil health practices to remediate a brownfield contaminated site into a lush garden with healthy soil and plants. Gardeners here are also working to establish a micro forest at the site
  • Urban Roots farm at Rivoli Bluff. The team at Urban Roots has worked for years to establish a thriving farm at a former street sweeping site. They’ve tried many different practices to address compaction, replace invasive species with native plants to mitigate erosion, and to grow vegetables for their community. 

This is the first tour in a three part soil health bus tour series. Participants can sign up for just one, two, or all three tours. Register at https://z.umn.edu/vegetablebustours. The cost is $15 (flat fee, covers 1, 2, or 3 tours). There are more details in the attached flyer.

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