OLIVIA -- Renville County is anticipating that the Southern Minnesota Beet Sugar Cooperative will appeal a tax court ruling that favored the county.
The Renville County Board of Commissioners met in closed session on Tuesday to discuss legal issues involved in the matter.
The Eighth Judicial District Tax Court had ruled against motions filed by the sugar cooperative seeking a refund in the taxes it paid to the county, township and school district in previous years.
The decision issued by the court on Dec. 22, 2006, found that the county had been fair in its assessment of the company's property. It had not put too high a value on it as alleged in the lawsuit.
Glen Jacobson, assistant county attorney, said the county believes the sugar cooperative is intending to appeal the decision or file other action challenging it.
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He said the company had filed a motion with the court seeking an amended finding of facts in the case after the December ruling. The motion was not filed within the 15-day timeframe allowed for such motions, and consequently it will not be considered, he said.
In other business, the commissioners approved requests by two farming operations to remove requirements that they install bio-filters on hog confinement facilities they permitted in 2005.
The conditional use permits for confinement facilities owned by Gary Lamka in Wellington Township and by Allan, Dan, Gary and Greg Merkel in Cairo Township required the installation of bio-filters. The planning commission made the recommendation that bio-filters be required in March 2005, reported Mark Erickson, director of environment and community development for the county. The facilities were subsequently permitted for 960 animal units, or 2,400 head of swine, but they were erected without the filters. The owners later expressed their desire to appeal the decision to the county attorney. They pointed out that their facilities easily met the county's setback requirement. It prevents hog facilities of their size from being located within one-fourth mile of any neighboring residence.
At a recent hearing on the matter, some neighbors to the two facilities expressed their interest in requiring that the bio-filters remain on the buildings. No filters had been placed on them, which suggested to the planning commission that odor had not been an issue. However, planning commission members expressed concerns that the owners of the facilities had filled the buildings with hogs and began operations without having installed the bio-filters or having the requirement removed. Erickson said that when it made its recommendation, the planning commission favored the placement of bio-filters on all new or expanded facilities. Today, the commission is recommending that the requirement for filters be considered on a case-by-case basis.
In another matter, the fees for rustic camping will rise from $7 to $12 per night; $17 to $20 for recreational vehicles; $4 to $7 per camping unit or a maximum of $50 for group camping; and $325 to $340 for monthly camping at Lake Allie.
