Wisconsin Ag Connection - Cranberry Grower Lawsuit Prompts New Bill to Protect Farmers

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Cranberry Grower Lawsuit Prompts New Bill to Protect Farmers
Wisconsin Ag Connection - 02/22/2008

Now that a lawsuit against a Sawyer County cranberry producer filed by the state's justice department may finally be over, a central Wisconsin lawmaker is trying to pass a bill to make sure such a scenario doesn't happen again. State Rep. Mary Williams of Medford is authoring a measure that would prohibit the Department of Justice from bringing an action to enjoin a public nuisance if the alleged activity is not in violation of a statute, rule, permit or ordinance.

According to the Wisconsin Farm Bureau, who defended William Zawistowski for allegedly polluting area waterways by discharging phosphorous into an area lake, the bill would also requires a court to award the defendant for their costs and expenses--if the court determines that the defendant's activity was not a public nuisance. The bill passed the Assembly Committee on Property Rights by a 4-1 vote on Wednesday.

"While it was vitally important that Wisconsin's $50 billion agriculture industry was protected from this misguided and far-reaching lawsuit, it is also obvious that the Department of Justice had no role in this case that proved to be an incredible waste of time and money for those involved," said Farm Bureau Spokesperson Casey Langan at the committee hearing. "The ruling against the misguided lawsuit gives confidence that our state's Right to Farm law still affords agricultural producers protection from nuisance lawsuits, and that farming is still welcome in Wisconsin."

The bill will currently be considered by both chambers of the State Legislature.

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