District judge rules in favor of Dodge County, Maschings
A District Court judge has ruled in favor of Dodge County and Masching Swine Farms in the lawsuit filed by Lowell and Evelyn Trom over issuance of a conditional use permit for a hog feedlot in Westfield Township.
Judge Joseph Chase issued his ruling Friday afternoon.
Friday’s order from Chase denied a motion for summary judgment from the Troms that asked the court to overturn the issuance of the conditional use permit. He granted motions for summary judgment submitted by attorneys for the county and Masching.
James Peters, attorney for the Troms, had argued that consideration of the application violated a six-month waiting period following the denial of a prior application, that the application was improperly “fast-tracked” and “rushed” to approval, the application was prejudged and considered via a process that was biased.
He also argued that the public hearing on the application was conducted unfairly and improperly limited comment from opponents, that the application was deficient in omission of information on manure management and that the county never considered the adequacy of manure management as well as public health, welfare and environmental concerns.
The danger signals evident in the procedure followed by the county, and in the result,