WISCONSIN RAPIDS, Wis. (AP) — A lawsuit over a central Wisconsin dairy is moving forward after a judge granted only parts of a motion to dismiss.
The attorneys for the Wysocki Family of Cos. filed 10 claims against Saratoga and its town board members, according to Daily Tribune Media reports. The company is proposing a 5,300-animal, 7,000-acre dairy to be called Golden Sands Dairy in Saratoga.
In the civil case filed against the town, attorneys say officials delayed issuing permits for buildings for the dairy until the municipality implemented a moratorium on new buildings. Town officials then went beyond their authority when they created an interim zoning ordinance, according to documents filed by Golden Sands attorneys.
Portage County Circuit Judge Thomas B. Eagon, acting as a substitute judge in the Wood County case, dismissed a claim that the town discriminated against the company and violated its civil rights. Company attorneys did not show the company is in a protected class, Eagon said.
Eagon ordered the case to continue on issues that included whether the town board exceeded its authority when it put the moratorium and zoning in place and whether zoning would apply to Golden Sands because it started its permitting process prior to the zoning ordinance’s creation. Some of the claims are better dealt with in other types of hearings, Eagon said.
In 2012, the Wysocki family announced its intention to build a dairy in Saratoga on property that was owned by Plum Creek Timberlands.
Information from: Daily Tribune Media, http://www.wisconsinrapidstribune.com