LFSRB Will Reconsider Roth Motion

By Joan Sanstadt, News Editor
Thursday, May 15, 2008 12:21 PM CDT

On May 16, members of the Livestock Facility Siting Review Board will meet at 10:15 a.m. in the boardroom of the Department of Agriculture, Trade and Consumer Protection, 2811 Agriculture Drive, Madison.

After approval of the agenda and minutes from meetings on April 18 and May 12, the board will discuss a motion for reconsideration of its April 18 oral decision in the Ronald S. Stadler v. Crawford County, Docket No. 08-L-01 case.

On April 18, the board by oral vote had voted to deny a siting permit to Howard AV Roth to expand his Roth Feeder Pigs, Inc. operation in Crawford County.

Crawford County had granted Roth’s license for expansion requests but 28 Crawford County residents, represented by Midwest Environmental Advocates, had filed an appeal with LFSRB.

On April 21, Roth met with DATCP Attorney Cheryl Daniels, who provides legal support for the LSFRB. Since the board’s oral decision had not yet been drafted and finalized in writing, it was possible for Roth to make a motion for reconsideration. That request is on the grounds the LFSRB had made its decision on errors of fact, Daniels said.

The “errors of fact” appear to have been related to Roth’s nutrient management plan that had been included in the record submitted to the LFSRB by Crawford County, but which was not immediately apparent to board members.

On May 12 the LFSRB met by teleconference to consider pre-hearing matters including motions to file amicus curiae briefs (friend of the court briefs). Organizations wishing to file those briefs included The Wisconsin Farm Bureau Federation, Cooperative, the Wisconsin Pork Association, Cooperative, and the Wisconsin Cattlemen’s Association (collectively called the Ag Coalition). The Dairy Business Association, Inc. had also asked to file an amicus brief.

Bob Selk was the only member of the seven-member board who was not available for the conference call. The board discussed pre-hearing matters including motions to file amicus briefs. It then voted 5 to 1 to not accept the amicus briefs by the interested industry groups before making its decision for Roth’s motion for reconsideration that will come before the board on May 16. Board member Jerry Gaska voted nay on the amicus briefs issue.

On May 16, as the board deliberates the motion for reconsideration of the Ronald S. Stadler v. Crawford County No. 08-L-01 April 18 oral vote, it will also look at the applicability of Wisconsin Statute 227.49, its procedure for rehearing cases, possible LFSRB re-deliberation on case and then make its decision.

Those deliberations may continue after the 11:45 a.m. to 12:30 p.m. lunch break.

Next on the agenda is an update on circuit court appeals in the Larson Acres, Inc. v. Town of Magnolia, Docket No. 07-L-01 case. It will also look at its future agenda items and schedule.

The next meeting is planned for June 20.

Adjournment is set for 2:45 p.m.

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