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The latest in the four-year saga of Ripley Dairy (Lewiston dairy farmer Bill Rowekamp and his investment partner Ben Zaitz) v. Ripley Township (a host of concerned residents and others) — is a skirmish victory for the latter.
A district court judge earlier this month threw out the lawsuit Ripley Dairy filed against the township earlier this year contesting the township’s decision to block the proposed 2,140-cow dairy by setting a cap on livestock numbers.
The dairy made several arguments in the lawsuit, including that the township board’s cap was illegal and discriminatory, and that the board had actually approved the dairy in 2002 when it agreed to study the dairy plans. The judge sided with the township on all points, concluding that the township board ultimately has the power to set the size of farms within its jurisdiction.
But the war isn’t over. A larger battle — over annexation of the farm by the nearby city of Claremont — still looms.
The moratorium
Ben Zaitz, an East Coast investor who owns land in Dodge County, first pitched the idea of a dairy in Ripley Township in 2002. The three-person township board initially favored the idea.
Over the next three years, township residents voted off each of the three supervisors.
In the meantime, the residents began fighting the dairy with the assistance of the Land Stewardship Project. In 2004, the board passed a temporary moratorium on feedlots while it began to write its own planning and zoning ordinances. Last December, the township passed its zoning code, capping all livestock operations at 1,500 animal units, which equals 1,071 cows — about half of what Zaitz had proposed.
The annexation
In January 2006, the nearby city of Claremont circumvented the township and announced plans to annex 120 acres of Zaitz’s land for the sole purpose of allowing him to build the dairy. Since Zaitz’s property doesn’t abut the city, the city planned to use a controversial “string and balloon” annexation, meaning it would take a strip of land along a highway running out to the land.
The decision quickly divided the town and spawned several public meetings, signed petitions from both sides, and accusations of conspiracy among dairy backers and city officials.
Zaitz and his supporters, including Claremont Mayor Joe Davidson, have said the dairy will create jobs, boost the struggling city’s tax base, and provide electricity generated by manure digesters.
Opponents point out that the dairy isn’t beholden to its promises, and the annexation would set a poor precedent for future scenarios statewide, allowing small cities to support large livestock operations.
What’s next
The five-member Claremont City Council, which has consistently voted 3-2 in support of annexation plans, may issue a final vote this fall.
But while such a decision would be a victory for the dairy, the war will likely continue.
If the property is annexed, Ripley Township would lose its control and the land would be subject to Claremont’s zoning code, meaning the council would then have to begin work on revising some of its ordinances in order to allow the dairy within the city. The decision to annex land used solely for agriculture may be the first of its kind in the country and could spark a spate of legal appeals.
Reporter Brian Voerding can be reached at (507) 453-3514 or at brian.voerding@winonadailynews.com.
real farmer wrote on Aug 18, 2006 8:43 AM: