Judge denies stay for dairy water permit in Hanson County

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ALEXANDRIA — Opponents of a proposed dairy in Hanson County were handed a defeat Friday when their request for a stay of the dairy’s water permit was rejected.

Judge Sean O’Brien issued the decision Friday afternoon after reviewing arguments made at a Nov. 3 hearing at the Hanson County Courthouse.

R. Shawn Tornow, the attorney representing dairy opponents Rob Bender and state Rep. Stace Nelson, R-Fulton, said he and his clients were disappointed with the court’s decision.

Tornow added they had reason to be encouraged by some of the findings in the decision, such as flaws in the notices provided to the public regarding the dairy’s permit application.

“They have some questions about some of the underlying facts of the case that will be expanded on and clarified in the appeal,” Tornow said. “The interveners are confident that on further review and assessment their appeal is meritorious.”

The stay was requested while an appeal of the dairy’s water permit is considered. The denial of the stay means the permit will take effect even as the appeal moves forward.

Michael Crinion, leader of the effort to build the 7,000-cow dairy, said his attorney advised him not to comment on the decision. The dairy’s water permit allows it to begin pumping up to 720,000 gallons of water per day out of the region’s aquifer.

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