Judge affirms decision in favor of North Breeze

Town of Little Black attorneys say judge erred in ruling in favor of dairy

The town of Little Black suffered a setback in their legal battle against the owners of the proposed North Breeze Dairy.
Ten months after Taylor County Circuit Court Judge Ann Knox-Bauer filed a 21-page summary judgement in the civil case between Breeze Dairy Group, led by Brian Gerrits, and the town of Little Black, she issued a ruling affirming the first action and refuting the town’s argument that her ruling was in error.
Last February, Knox-Bauer ruled the town’s agricultural zoning ordinance, passed after the application for building permit and livestock siting applications were filed, cannot be applied and that the town must consider those permits. In addition, Knox-Bauer ruled that the town’s high volume well ordinance is preempted by state law.
The town, represented by attorney R. Valjon Anderson, had challenged the judge’s ruling arguing that the court erred in concluding the town’s high volume water use ordinance is preempted by state law. The town also argued that court was in error when it consolidated the two cases filed by Breeze Dairy Group.

See this week's issue of The Star New for the complete story.

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