John ADAMS, Linda Adams, Mike Johnson, Ann Johnson, Verne Wilkie, Rosemary Wilkie, Richard Massen and Darlene Massen, Plaintiffs-Respondents,
v.
STATE of Wisconsin LIVESTOCK FACILITIES SITING REVIEW BOARD, Defendant-Co-Appellant,
Larson Acres, Inc., Intervenor-Appellant.
Town of Magnolia, Petitioner-Respondent,
v.
State of Wisconsin Livestock Facilities Siting Review Board, Respondent-Co-Appellant,
Larson Acres, Inc., Intervenor-Appellant.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Oral Argument February 17, 2010.
Opinion Filed June 24, 2010.
Attorney(s) appearing for the Case
On behalf of the intervenor-appellant, the cause was submitted on the briefs of Eric M. McLeod and Michael P. Screnock of Michael Best & Friedrich LLP, Madison. There was oral argument by Eric M. McLeod.
On behalf of the defendant-co-appellant and respondent-co-appellant, the cause was submitted on the briefs of Robert M. Hunter , assistant attorney general, and J.B. Van Hollen , attorney general. There was oral argument by Robert M. Hunter.
On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Christa Westerberg of McGillivray Westerberg & Bender LLC, Madison, and Peter M. McKeever of Garvey McNeil & Associates, S.C., Madison. There was oral argument by Christa Westerberg.
On behalf of the petitioner-respondent, the cause was submitted on the brief of Glenn C. Reynolds and Elizabeth Mackey of Reynolds & Associates, Madison. There was oral argument by Glenn C. Reynolds.
A nonparty brief was filed by Richard J. Stadelman of Wisconsin Towns Association of Shawano for Wisconsin Towns Association.
A nonparty brief was filed by William P. O'Connor of Wheeler, Van Sickle & Anderson, S.C., of Madison for Wisconsin Association of Lakes.
A nonparty brief was filed by H. Dale Peterson and Krista R. Pleviak of Stroud, Willink & Howard, LLC of Madison for Wisconsin Farm Bureau Federation, Cooperative, the Dairy Business Association, Inc., the Wisconsin Cheese-Makers' Association, and the Wisconsin Pork Association, Cooperative.
A joint nonparty brief was filed by Marcia MacKenzie , corporation counsel of Dane County, and Carlos A. Pabellon , assistant corporation counsel of Dane County for Dane County; James N. Saul of Midwest Environmental Advocates, Inc. of Madison for Town of Dunn and Family Farm Defenders; and Melissa J. Malott of Clean Wisconsin of Madison for Melissa Malott and George Meyer.
Before VERGERONT, LUNDSTEN and HIGGINBOTHAM, JJ.
Court of Appeals of Wisconsin.
LUNDSTEN, J.
¶ 1 Larson Acres, Inc., operates a large-scale dairy farm in the Town of Magnolia. Larson applied to the Town for approval of an expanded livestock facility. The Town approved the application, but attached conditions. Larson appealed to the Livestock Facility Siting Review Board, challenging the imposition of several conditions. The Board ordered that the expansion permit be reissued without the challenged conditions. The Town and Larson's neighbors...
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