Lake View Natural Dairy Operating Normally During Appeal to the MN Supreme Court
Lake View Natural Dairy (LVND), a privately owned raw/unpastuerized dairy that sells directly to consumers only, is in the beginning of their fourth year of misery with the MN Department of Agriculture (MDA). The only point that is being litigated by the MDA is whether they have the right to step foot upon LVND's property. It is clear however, from an inspection report in 2013 that any inspection that is allowed will lead to LVND being required to pastuerize and bottle their milk within a bottling plant. This type of inspection would lead to the regulatory mandates contained in the 2013 inspection report and would financially slam the doors of LVND closed. This is the reason that LVND, who has never had a health complaint concerning their product, refuses to allow the MDA to step foot upon their property, as it would lead to the farms immediate destruction.
The mandated regulatory changes directed at a "Dairy Plant" that the MDA listed in their previous inspection report do not apply because, at the District Court level, the MDA was found to be wrong in their attempt to define LVND as a dairy plant, rather than just a regular old private farm. That ruling was devastating to the MDA and illustrated their attempt at regulatory overreach. However, District Court found that two statutes, out of the hundreds the MDA was attempting to wrongly apply to LVND, allow the MDA to come onto the farms property, a point that is still being litigated. Currently, LVND is appealing their case to the MN Supreme Court. This filing to the MN Supreme court will be shared when filed at www.supportlakeviewnaturaldairy.org.
LVND is operating as normal during this continued litigation! Please continue to support the farm, and our own ability to exercise our fundamental right to enter into private contract with our neighbors (like buying some extra potatoes from your neighbor’s garden). This long-term litigation strategy by the MDA is a typical and accepted strategy to bankrupt a legal opponent. Thankfully, Farm-to-Consumer Defense Fund has been funding this defense that would currently cost over $55,000 at full rate legal cost. If LVND had no support from this defense funds and its loyal customers (who are defending their own rights through this case), we would sadly have lost LVND in the early months of this case as they have no financial ability to mount this defense themselves. Let’s continue to show them that they have our support by continuing our patronage.
CONTACT: Greg Gentz
PHONE: 612 799 9080
DATE: 03/02/2017 10:27pm