Editor’s note: The writer of the following letter refers to A.J. Bos, a mega-dairy being sued by residents who are concerned about pollution of their aquifer water supply by alleged improper storage of manure. The plaintiffs won a preliminary injunction and sought a permanent injunction against the company, but the judge ruled against them for
a precipitous anticipatory nuisance.
The manure storage area takes up 43 acres and is 20 feet deep.
Mega-dairy is a threat to the community
We have just completed three weeks of a very complex trial. The 18 months leading to trial have been packed with endless filings, FOIAs, hearings, motions to dismiss, bond hearings, preliminary injunction, change of venue, remanding of the case back to Jo Daviess, expert witnesses, depositions, evidence and exhibits, three weeks of trial, and now a ruling (for the first time) in the favor of Bos. What changed? The judge ruled to protect the public at large in the preliminary injunction, and now we present even more evidence of pollution actually occurring, and he changes his mind? The appellate court for the next two years is our only recourse.
There are times in one’s life when destiny calls. This is that time. We have faced a huge threat to our communities, families, health and way of life. It is now that we continue to battle that threat—the mega-dairy. We fight to protect Jo Daviess County not only for ourselves, but for our children. Now is the time to renew our efforts and complete the task before us. Now is the time to finish what we have started.
From the Dec. 30, 2009 – Jan. 5, 2010 issue