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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

Thursday October 9

5:00 pm – 7:30 pm
Minnesota Women in Conservation Fall Learning Circle
Thursday October 9
5:00 pm – 7:30 pm
Minnesota Women in Conservation Fall Learning Circle
Dawson, MN 56232, USA

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, windbreaks, 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 will be an active event.

Please bring a camp chair and a potluck dish. The host will provide the main dish, so think about bringing sides and dessert. For details and to reserve a spot, click here. For questions, contact LSP’s Alex Kiminski at akiminski@landstewardshipproject.org.

Friday October 10

8:30 am – 3:00 pm
Weaving a Wider Community: Seeing & Countering Racism in Our Backyard
Friday October 10
8:30 am – 3:00 pm
Weaving a Wider Community: Seeing & Countering Racism in Our Backyard
111 N 1st St, Montevideo, MN 56265, USA

Join LSP and CURE for a community event at the Land Stewardship Project office in Montevideo (111 N. First St.), from 8:30 a.m. to 2 p.m., on Friday, Oct. 10. This event includes lunch catered by El Mana; please register by Oct. 3 to be included in the food count.

You can RSVP here.

The Racial Equity Conference, organized by the Greater Minnesota Partnership of the Facilitating Racial Equity Collaborative, has been specifically designed to bring engaging content to local communities through a unique pairing of online speakers and in-person local sessions. The morning’s online content will include a conversation focused on seeing and countering racism in rural communities, moderated by Eryn Gee Killough, paired with two outstanding keynote speakers, Jenna Grey Eagle and Ron Ferguson, who have experience working in rural communities. 

This online content will be exclusively available to local community gatherings. Each gathering will gear their in-person activity to their specific community with the goal of extending the impact of the conference to others throughout the following year. Join LSP and CURE for this western Minnesota gathering, or if a different location works better for you, check out all the local gatherings on the FREC site,

If you have any questions, do not hesitate to reach out. LSP’s Nick Olson can be reached via e-mail at nicko@landstewardshipproject.org.

9:00 am – 3:00 pm
Intensive Small-Scale Market Gardening Bus Tour
Friday October 10
9:00 am – 3:00 pm
Intensive Small-Scale Market Gardening Bus Tour
Leatherdale Equine Center, 1801 Dudley Ave, St Paul, MN 55108, USA

Explore profitable small-scale farming (1–5 acres) and soil care. Visit a cooperative incubator farm and a thriving suburban market garden. Learn about cover crops, reduced tillage, high tunnel soil health, and support for growers.

This is the second 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.

Saturday October 11

11:00 am – 2:00 pm
LSP-COPAL Visita a la Granja | Farm Tour
Saturday October 11
11:00 am – 2:00 pm
LSP-COPAL Visita a la Granja | Farm Tour
36919 County 57 Blvd, Dennison, MN 55018, USA

Building off the success of last year’s farm event with COPAL in Austin, Minn., this year Land Stewardship Project and COPAL members and supporters will gather at the Young-Walser Family Farm in Dennison, Minn. for a festive and delicious farm tour on Saturday, Oct. 11, from 11 a.m. to 2 p.m. We invite you to come and meet new folks, learn new skills, and try new food! 
 
This year’s COPAL-LSP farm event offers a little something for everyone: 
 
🍯 Honey sampling and the opportunity to purchase from Homestead Honey Farm. 
 
🍎 Apple cider pressing and tasting. (BTW, we’re still looking for an apple press if you or a farmer friend have one nearby we could borrow for this event!) 
 
🌽 Nixtamalization workshop and fresh, homemade tortillas, made with corn grown by LSP and COPAL members at the Young-Walser Family Farm! 
 
🍅 Salsa making and cricket-eating competitions! Yes, you heard that right —we’ll have the opportunity to sample crickets, a delectable crispy and savory snack commonly enjoyed throughout Mexico and Central America. Stay tuned for details on how to enter either competition. 
 
🥾 A tour of the Young-Walser farm, nestled in the beautiful Sogn Valley not far from Cannon Falls, Minn. Enjoy a tromp through the corn and squash fields and hike in the nearby woods. 
 
🌮 A shared meal and opportunity to hear from LSP and COPAL organizers about our participation in the Immigrant Defense Network. 

Let us know you can make it to ensure we order enough food and supplies! Carpools from Minneapolis and Rochester will be available to all attendees. 

________________________________________________

¡Únete a LSP + COPAL para nuestro recorrido anual comunitario en la granja!
Un espacio divertido para tod@s donde exploraremos la agricultura, aprenderemos sobre el campo y participaremos en actividades prácticas. ¡Uno de los momentos más especiales será hacer tortillas frescas junt@s!

Compartiremos un delicioso almuerzo comunitario, preparando tacos en estilo potluck (tipo convivio). Te invitamos a traer un platillo o acompañamiento para compartir.

También estás invitado@ a llegar temprano (desde las 9 AM) para ayudar a cosechar calabazas que sembramos. Puedes llevarte algunas a casa, y el resto se donará a un banco de alimentos local.

El Land Stewardship Project (LSP) es una organización aliada de COPAL que trabaja por sistemas alimentarios y agrícolas más sostenibles y justos. LSP y COPAL están unidas en su lucha por instituciones democráticas sólidas, comunidades saludables y acogedoras, y una ética de cuidado hacia la tierra y las personas que nos alimentan.

Tuesday October 14

11:00 am – 12:00 pm
Birds as Pest Control Allies on the Farm
Tuesday October 14
11:00 am – 12:00 pm
Birds as Pest Control Allies on the Farm
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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