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WMC Litigation Center: Laketown’s CAFO Ordinance is Unlawful and Preempted by State Statute

LAKETOWN – The WMC Litigation Center – an affiliate of Wisconsin Manufacturers & Commerce (WMC) – sent the Town of Laketown a “Notice of Claim” on Tuesday outlining how its Concentrated Animal Feeding Operations (CAFO) Ordinance is unlawful and preempted by Wisconsin statute.

Representing seven claimants who are farmers, business owners, property owners and taxpayers, the WMC Litigation Center’s formal notice explains that Laketown’s ordinance attempts to regulate CAFOs beyond its authority. According to the claim, the ordinance contains at least 16 provisions that are preempted by state law and illegal.

“There are multiple instances in which this ordinance violates Wisconsin’s siting law and numerous state regulations,” said WMC Litigation Center Executive Director Scott Rosenow. “Laketown should immediately repeal this ordinance and comply with state law.”

The WMC Litigation Center will commence an action in the Polk County Circuit Court if the Town does not repeal the ordinance. Further, the Litigation Center will seek injunctive relief preventing the Town from enforcing the provisions of the Ordinance.

“Agriculture has long been a part of Wisconsin’s heritage, and it should be a big part of the state’s economic future,” added Rosenow. “The Litigation Center is committed to defending farmers against governmental overreach, especially when that overreach has detrimental impacts on their way of life.”

Click here to view the Notice of Claim.

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