July 23, 2008, 10:33 pm
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Court of Appeals to hear case on Fitterer expansion

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The Minnesota State Court of Appeals will hear oral arguments on a claim by the Friends of Lake Minnie Belle that the Meeker County Board was in error in voting that an environmental impact statement was not required on the Fitterer dairy expansion project.

The case will go before the Court of Appeals on Tuesday. The court then has 90 days to issue a decision, County Attorney Stephanie Beckman told the County Board at its Tuesday meeting.

In June, the courts ruled against a Friends of Lake Minnie Belle claim that the County Board has used improper procedures in granting a conditional-use permit on the project, she said.

The courts affirmed, Beckman said, that the County Board had followed proper procedures in issuing the conditional-use permit.

It was also stipulated in the order handed down by the courts that the Friends of Lake Minnie Belle were to be responsible for court costs incurred. That decision is also subject to appeal.

Dan Fitterer, who operates a dairy farm within the shoreland district of Lake Minnie Belle, is in the process of expanding his dairy facility from 92 to 240 animal units.

Story by Stan Roeser, contributing writer.


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