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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

 

Upcoming Events

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October 2025

Tuesday October 28

12:00 pm – 1:30 pm
MDA Grants Webinar
Tuesday October 28
12:00 pm – 1:30 pm
MDA Grants Webinar
Zoom online

Are you interested in applying for a grant from the Minnesota Department of Agriculture (MDA)? On Tuesday, Oct. 28, from noon to 1:30 p.m., the Land Stewardship Project will be holding an online webinar on four grants that will be available this fall. MDA staffers will go over the details of these grants and how to apply for them.

 To sign-up, click here.  

 This webinar will feature information on four grants:

– AGRI Livestock Investment Grant

– AGRI Sustainable Agriculture Demonstration Grant 

– Preparing for Extreme Weather (Prepare) Grant

– AGRI Protecting Livestock from Avian Influenza (Protect) Grant 

For more information, contact LSP’s Alex Kiminski at akiminski@landstewardshipproject.org.

Wednesday October 29

4:00 pm – 6:00 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
Wednesday October 29
4:00 pm – 6:00 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
The Harkin Institute for Public Policy & Citizen Engagement, 2800 University Ave, Des Moines, IA 50311, USA

The Johnson Center for Land Stewardship Policy is excited to share that one of our its primary pillars of work — a published collection of Paul Johnson’s writings —  is set for release on Oct. 2.  The book features a brief biography and a discussion of Paul’s ideas within the historical and future contexts of private lands conservation. 

For details on We Can Do Better: Collected Writings on Land, Conservation, and Public Policy click here.

Thursday October 30

5:00 pm – 6:00 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
Thursday October 30
5:00 pm – 6:00 pm
Book Event: We Can Do Better: Collected Writings on Land, Conservation, and Public Policy
Ames Public Library, 515 Douglas Ave, Ames, IA 50010, USA

The Johnson Center for Land Stewardship Policy is excited to share that one of our its primary pillars of work — a published collection of Paul Johnson’s writings —  is set for release on Oct. 2.  The book features a brief biography and a discussion of Paul’s ideas within the historical and future contexts of private lands conservation. 

For details on We Can Do Better: Collected Writings on Land, Conservation, and Public Policy click here.

November 2025

Saturday November 1

6:15 pm – 9:15 pm
Community Potluck & Folk Dance in Bay City, Wis.
Saturday November 1
6:15 pm – 9:15 pm
Community Potluck & Folk Dance in Bay City, Wis.
W6275 Main St, Bay City, WI 54723, USA

Calling all folk dance lovers! The Land Stewardship Project is co-sponsoring a potluck and folk dance at the Town Hall in Bay City, Wis., on Saturday, Nov. 1. Can you attend or volunteer? LSP is looking for one or two more people to help represent our people-powered organization by tabling at this event. To volunteer, reply directly to this e-mail and let me know you’re available. 
 
For details, check out this flier. 

The potluck and dance are co-hosted by LSP members from Oxheart Farm and the Oak Center General Store. No RSVP required; please direct questions to Emmet at oxheartfarm@gmail.com.
 

Folk Dance Flyer 2025.jpg

Tuesday November 4

11:00 am – 12:00 pm
Birds in the Balance: Pest Control Services Across Crop Types
Tuesday November 4
11:00 am – 12:00 pm
Birds in the Balance: Pest Control Services Across Crop Types
Online

This 10-lesson Wild Farm Alliance virtual course teaches agricultural professionals and farmers how to support beneficial birds and manage pest birds on farms. By learning how to assess the farm’s avian needs and opportunities, farms can be designed to provide for a diversity of beneficial birds. 

If pest birds are a problem, they can be discouraged with specific practices during the shorter periods when they cause damage. The sessions cover the latest research, tools and resources, and are given by experts in avian pest control, entomology, ornithology and conservation. While many topics and species are specific to the Midwest, most of the principles discussed are applicable across regions. 

Continuing Education Credits have been requested and are expected to be approved from American Society of Agronomy.

For details and to register, click here. 

The Course Schedule:

LESSON 1

Why Birds Belong on the Farm: Biodiversity, Pest Control & A Thriving Landscape

Tuesday, September 23, 2 p.m. CT


LESSON 2

Birds as Pest Control Allies on the Farm

Tuesday, October 14, 11 a.m. CT


LESSON 3

Birds in the Balance: Pest Control Services Across Crop Types

Tuesday, November 4, 11 a.m. CT


LESSON 4

Integrating Habitat into Croplands: Prairie Strips and Bird Conservation

Tuesday, December 2, 11 a.m. CT


LESSON 5

Birds on the Farm: Balancing Biodiversity and Food Safety

Tuesday, January 13, 11 a.m. CT


LESSON 6

Beyond the Crop: Birds, Biodiversity, and the Power of Edge Habitat

Tuesday, February 3, 11 a.m. CT


LESSON 7

Bridging Forestry, Farming, and Habitat

Tuesday, February 24, 11 a.m. CT


LESSON 8

Perennial Pathways: Agroforestry for Birds and Biodiversity on Farms

Tuesday, March 17, 11 a.m. CT


LESSON 9

Birds on the Range: How Grazing Practices Shape Habitat for Grassland Species

Tuesday, April 7, 11 a.m. CT


LESSON 10

Birds at Risk: How Pesticides Shape Safety on Agricultural Lands

Tuesday, April 28, 11 a.m. CT

View Full Calendar

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