MANTORVILLE — The dispute between farmers Lowell and Evelyn Trom and Dodge County regarding a feedlot operation has taken another turn.
The Minnesota Court of Appeals has vacated the Dodge County District Court's summary judgment upholding the county's issuing a conditional-use permit to Masching Swine Farms, LLC., for constructing a 720-animal unit swine farm.
According to Judge Carol Hooten's ruling issued April 17, the decision was vacated because the court found that the Troms did not properly issue a notice of appeal to the chair of the county board in January 2015. Hence, the district court did not have subject matter jurisdiction over the appeal when it issued the summary judgment in response to the Troms' appeal.
"We therefore cannot reach the merits of the Troms' appeal," Hooten wrote.
According to the facts of the case noted in the vacation ruling, the Troms appealed Dodge County's decision to grant a CUP to Masching because of environmental and public health concerns. The couple has attracted support of environmental and animal rights groups in opposing the feedlot. Masching originally applied for a CUP in February 2014.
