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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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July 2025

Wednesday July 9

8:00 am – 10:00 am
Risk to Resilience Climate Cohort
Wednesday July 9
8:00 am – 10:00 am
Risk to Resilience Climate Cohort
Online

Farming has always required adaptability, and today’s changing weather patterns are creating new challenges and opportunities. The Land Stewardship Project, in collaboration with University of Minnesota Extension, has created a resilience-focused program that gives commodity and small grain growers the opportunity to join a cohort with other like-minded farmers and learn how to prepare their operations for the future. At this Risk to Resilience cohort, you will learn:

  • How changing weather patterns in the Upper Midwest are likely to affect your farm. 
  • How you can prepare a plan that protects your farm from a changing climate.
  • How to improve your planning skills and meet with experts for opportunities to grow climate resilience  on your farm.
  • How to build community with fellow farmers interested in creating operations that are sustainable and resilient in the long term.

Program Details:

  •  Online format — join from your home or farm.
  •  Four sessions, 10-15 hours total investment — built for busy schedules, beginning July 2025. We’ll pause workshops for small grains harvest and resume in August 2025.
  • A $250 stipend will be provided to participants who attend the sessions and provide feedback on experience and content.

Dates of the Risk to Resilience Sessions:

  • Wednesday, July 9, 8 a.m.-10 a.m.
  • Wednesday, July 16, 8 a.m.-10 a.m.
  • Harvest Break
  • Wednesday, August 20, 8 a.m.-10 a.m.
  • Wednesday, August 27, 8 a.m.-10 a.m. 

To register, click here. 

12:00 pm – 2:00 pm
LSP Lewiston Office Summer Potluck Lunch
Wednesday July 9
12:00 pm – 2:00 pm
LSP Lewiston Office Summer Potluck Lunch
Land Stewardship Project, 180 E Main St, Lewiston, MN 55952, USA

Spring planting is behind us and midsummer is upon us! Take a quick break from all the action by celebrating summer with the Land Stewardship Project by joining us for lunch at our Lewiston office.

Our Summer Potluck will be held on Wednesday, July 9, from noon to 2 p.m., at our office in downtown Lewiston, Minn. (180 E. Main Street). This will be an opportunity to build community, hear from other farmers, socialize, and enjoy a great meal together. We also invite everyone to take a self-guided tour of the newly renovated spaces in our office that we have been working on over the winter. As a member-driven organization, this is your space too.

LSP will be providing the main dish (meat and vegetarian options) and we invite you to bring a dish to pass. This event is open to all, so please bring a friend or two as well. Let’s celebrate the joy of summer through good food and good company!

RSVP’s are encouraged, but not required. Hope to see you there — you can RSVP by e-mailing LSP’s Alex Romano direct.

Saturday July 12

10:00 am – 2:00 pm
Fishing, Farming & Food: Rush Creek's Fish Kill Anniversary & Why it Matters
Saturday July 12
10:00 am – 2:00 pm
Fishing, Farming & Food: Rush Creek's Fish Kill Anniversary & Why it Matters
Farmers Community Park, 23274 Arches Road Lewiston, MN 55952

During the Fishing, Farming & Food: Rush Creek’s Fish Kill Anniversary & Why it Matters event, the Land Stewardship Project will mark the three-year anniversary of a major fish kill in southeastern Minnesota that spawned citizen action and led to new public policy around how such events are reported. Join Land Stewardship Project and our partners at Farmers Park, Saturday July 12, from 10 a.m. to 2 p.m. in Lewiston, Minnesota. Register here.

What to expect?

  • Fly fishing demonstration led by Minnesota Trout Unlimted and LSP member, Lee Stoe. Please bring your own fishing gear.

  • Minnesota Trout Unlimited & Izaak Walton League staff and members will be leading macroinvertebrate sampling of Garvin Brook and discussing what they tell us about the health of the stream.

  • Discussion on how regenerative farming systems can support healthy soil and clean water.

  • Opportunity to take action! Help prevent future fish kills by sharing how you think the Minnesot Feedlot Rule, which is open for comment through July 22, should be stronger. Postcards will be available to fill out and send with your comments.

  • Farmers Park is a great spot for birding. Please bring your binoculars!

  • You are welcome to bring your own snacks or picnic lunch; food will not be provided at this event.

LSP is partnering with several community groups for this event, including:

Minnesota Trout Unlimited, Minnesota Center for Environmental Advocacy, Izaak Walton League, Food & Water Watch, and Savanna Institute

Register HERE. For more information, contact LSP’s Kate Rowe at krowe@landstewardshipproject.org.

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.

Wednesday July 16

8:00 am – 10:00 am
Risk to Resilience Climate Cohort
Wednesday July 16
8:00 am – 10:00 am
Risk to Resilience Climate Cohort
Online

Farming has always required adaptability, and today’s changing weather patterns are creating new challenges and opportunities. The Land Stewardship Project, in collaboration with University of Minnesota Extension, has created a resilience-focused program that gives commodity and small grain growers the opportunity to join a cohort with other like-minded farmers and learn how to prepare their operations for the future. At this Risk to Resilience cohort, you will learn:

  • How changing weather patterns in the Upper Midwest are likely to affect your farm. 
  • How you can prepare a plan that protects your farm from a changing climate.
  • How to improve your planning skills and meet with experts for opportunities to grow climate resilience  on your farm.
  • How to build community with fellow farmers interested in creating operations that are sustainable and resilient in the long term.

Program Details:

  •  Online format — join from your home or farm.
  •  Four sessions, 10-15 hours total investment — built for busy schedules, beginning July 2025. We’ll pause workshops for small grains harvest and resume in August 2025.
  • A $250 stipend will be provided to participants who attend the sessions and provide feedback on experience and content.

Dates of the Risk to Resilience Sessions:

  • Wednesday, July 9, 8 a.m.-10 a.m.
  • Wednesday, July 16, 8 a.m.-10 a.m.
  • Harvest Break
  • Wednesday, August 20, 8 a.m.-10 a.m.
  • Wednesday, August 27, 8 a.m.-10 a.m. 

To register, click here. 

View Full Calendar

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