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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

Monday September 1

All Day
Final Deadline for LSP's Farm Beginnings Course
Monday September 1
Final Deadline for LSP's Farm Beginnings Course

Beginning and prospective farmers are invited to apply to the Land Stewardship Project’s Farm Beginnings course, a year-long training program that focuses on the goal setting, marketing, and financial skills needed to establish a successful farm business. The Farm Beginnings course creates a space for folks to name their vision, acquire the tools and skills needed to make it happen, and become part of a community of support to help them succeed.  

The course will run from November 2025 through March 2026, with some additional educational opportunities to take place later in 2026. 

The deadline for applications is Sept. 1. Early bird applications submitted by Aug. 1 will receive a $100 discount if you are accepted into the class. Partial scholarships are available.

More details are at http://www.farmbeginnings.org or Annelie Livingston-Anderson at annelie@landstewardshipproject.org.

You can apply to the course here.

Wednesday September 3

10:00 am – 3:00 pm
LSP Montevideo Office Coffee & Conversation
Wednesday September 3
10:00 am – 3:00 pm
LSP Montevideo Office Coffee & Conversation
111 N 1st St, Montevideo, MN 56265, USA

On the first Wednesday of each month, the Land Stewardship Project hosts coffee and conversation at our downtown Montevideo office (111 North First Street), and we hope you will have time to join us at the next one on Wednesday, Sept. 3, from 10 a.m. to noon.

The open house-style mornings feature a quick update on recent LSP work and then plenty of time to enjoy your coffee and build community the old-fashioned way, by talking face-to-face. This month we will give an update on our work to combat consolidation in animal agriculture and provide an overview of our recent town hall in Paynesville with Minnesota Attorney General Keith Ellison.  

 Come when you can and stay as long as you like! Don’t hesitate to bring along a friend or two — we always enjoy meeting someone new.

For more information, contact LSP’s Matthew Sheets at msheets@landstewardshipproject.org.

Friday September 5

9:00 am – 4:00 pm
Soil Health Field Day on the Cotter Farm: Austin
Friday September 5
9:00 am – 4:00 pm
Soil Health Field Day on the Cotter Farm: Austin
50203 205th St, Austin, MN 55912, USA

 Sign up today for a get-together down on Tom Cotter’s Farm. This field day brings together food companies, local farmers and other professionals in agriculture — a perfect opportunity for networking and discussion.
Hear from soil health experts, then board the Topless Bus to take a tour of Tom’s farm. A FREE TACO BAR LUNCH will featureTom’s own grass-fed beef, along with authentic, homemade tortillas and rice. Featured speakers include soil scientist Kris Nichols and agronomist Joe Ailts.
 
You can check out the field day flier here. For more details and to register, click here.

Saturday September 6

9:00 am – 5:00 pm
Soil & Food Health Field Day: Austin
Saturday September 6
9:00 am – 5:00 pm
Soil & Food Health Field Day: Austin
50203 205th St, Austin, MN 55912, USA

Details are here.

Monday September 8

7:00 pm – 8:30 pm
Anne Biklé in conversation with Ross Evelsizer: What Your Food Ate
Monday September 8
7:00 pm – 8:30 pm
Anne Biklé in conversation with Ross Evelsizer: What Your Food Ate
Pulpit Rock Brewing Company, 207 College Dr, Decorah, IA 52101, USA

Join Anne Biklé (co-author, What Your Food Ate: How to Restore Our Land and Reclaim Our Health) and NEIA RC & D Natural Resource Projects Director, Ross Evelsizer, for a conversation and Q & A session followed by a book signing. Everyone is invited to this free event sponsored by the Oneota Valley Literary Foundation, with support from Pulpit Rock Brewing and Dragonfly Books.
 
Details on the Sept. 8 event are here.

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