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May 14, 2008, 7:28 am
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Court of Appeals supports county's decision
January 11, 2008 - 4:03pm — Kristin Holtz
In an opinion filed on the last day of 2007, the State of Minnesota Court of Appeals ruled that the Meeker County Board of Commissioners acted correctly in deciding that an Environmental Impact Statement was not needed before allowing an expansion of a dairy operation near Lake Minnie Belle south of Litchfield. In reporting the decision Tuesday to the County Board, Beth Cummins, assistant county attorney, said “I hope this ends litigation, but I’m not sure of that.” She noted that the Friends of Lake Minnie Belle, a 23-member group of residents in the Lake Minnie Belle area, have 30 days from the Dec. 31 ruling date to appeal the matter to the State Supreme Court. However, she added that under state law the Supreme Court is not required to review the case. It was in April 2006 that the County Board approved a conditional-use permit allowing dairy farmer Dan Fitterer to increase his herd from 98 to 240 animal units. The dairy facility is located near the southeast shore of Lake Minnie Belle. A Meeker County District Court decision had upheld the county’s procedure in granting the conditional-use permit as proper and the Friends of Lake Minnie Belle then presented an appeal to the Minnesota Court of Appeals. The Friends of Lake Minnie Belle had contended that the expanded dairy facility so near to Lake Minnie Belle would have a long-range negative impact on water quality in the lake. The Court of Appeals, in its decision, stated that “the County Board’s conclusion that the proposed expansion did not result in significant environmental effect is supported by substantial evidence.” Read more from Tuesday's County Board meeting in the Jan. 10 Independent Review. By Stan Roeser, contributing writer
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