WISCONSIN RAPIDS (WAOW) -- A lawsuit over a proposed 5,300-animal central Wisconsin dairy is moving forward after a judge granted only parts of a motion to dismiss it, according to court records.
Golden Sands Dairy filed the lawsuit in August 2012, alleging the Town of Saratoga violated the state's livestock siting law, exceeded its authority when it created a building-project moratorium and implemented interim zoning and violated the company's civil rights. It names Saratoga's town board members as defendants.
The town filed a motion to dismiss the lawsuit.
The dispute involves the company's plan to create a 7,000-acre dairy called Golden Sands Dairy about 10 miles south of Wisconsin Rapids.
According to Wood County Circuit Court online records, Judge Thomas Eagon dismissed two of eight claims made in the suit. They alleged the town discriminated against the company and violated its civil rights, Robert Kryshak, an attorney for the town, said Thursday.
Eagon ordered the case to continue on issues that included whether the board exceeded its authority when it put the moratorium and zoning in place.
No trial date has been set.
Attorneys for the dairy farm did not immediately return telephone messages Thursday.
According to Kryshak, Golden Sands has not yet received all the governmental permits it needs to begin operations.
At issue in the lawsuit before Eagon is whether the town's zoning ordinance, which would prohibit the dairy farm, was properly passed, Kryshak said.