News
Update on McDufee Puppy Mill Hearing
March 27, 2007, 12:0AM MT
By Mike Fry
Photo: This building on Gary McDuffee's property already houses hundreds of dogs and puppies.
Monday, March 26, 2007 - A hearing room at the Morrison County Government Center set up to accommodate 200 people was filled to overflowing. The hearing was called to allow public input into the possible issuance of a new Conditional Use Permit (CUP) for Gary McDuffee run a puppy mill.
In January of 2006, the County had issued McDuffee a CUP for a facility that could hold up to 600 breeding adults, plus an unlimited number of non-breeding animals and puppies. That permit was appealed by neighbors to the property, who argued that the County was arbitrary and capricious in their decision to grant the CUP last year. Recently, the Minnesota Court of Appeals decided in favor of McDuffee's neighbors and overturned the CUP, remanding the issue back to Morrison County and asking that they "take a hard look" at the issues of this case and reconsider the permit, which, according to the Minnesota Court of Appeals included animal welfare, environmental, and land use/zoning concerns.
People speaking on behalf of McDuffee said they believe he runs a clean breeding facility and that he should be allowed to continue operating. They presented Morrison County Commissioners a petition with "approximately 100 signatures". According to McDuffee's attorney, most of these signatures were from people in or around Morrison County.
Many people spoke in opposition to the granting of a CUP. The primary concerns expressed included the following:
1) Gary McDuffee has a 5-year history of mutliple, serious citations on USDA inspection reports that were not reported to the Morrison County commissioners when he applied for the permit. These violations included:
* Cages that were too small
* Cages that were deteriorating and that contained sharp and dangerous materials
* Failure to clean animals' primary enclosures
* Failure to label shipped animals as "live cargo"
* Use of expired or outdated drugs or medications
2) Based on the designs of McDuffee's existing facility, in combination with McDuffee's testimony relating to his existing staffing levels, it seems clear that he is not currently complying with Minnesota Animal Cruelty statues. These statues require that his dogs receive at least 20 minutes of "free choice" exercise outside of their cages every day. McDuffee claims to have 2 full time and 4 part time employees currently caring for 300 adult dogs plus their puppies. Additionally, McDuffee's facility does not include any designated exercise area for his dogs. Expert witnesses testified that it was clearly impossible for him to be providing this exercise that is essential to his dog's physical and psychological well-being. The fact that his dogs could not be exercised was not contested by McDuffee, McDuffee's attorney or any staff at his kennel.
3) State law requires that an Environmental Assessment Worksheet (EAW) be completed before a CUP is granted. No EAW has ever been completed by the County related to this permit application. All sorts of issues need to be considered, including how McDuffee handles animal waste, diseased or dead animals and cleaning chemicals.
4) It was learned at the hearing that McDuffee is not currently operating according to the practices outlined in his original application. Specifically, he has changed his waste handling practices. Additionally, McDuffee reported at the hearing that he is burying dead animals on his property.
5) Morrison County asked McDuffee if he would consider additional conditions to a possible CUP. Specifically, they asked if he would agree to send dead animals to rendering, and if he would consider double bagging animal waste and sending it to the County landfill.
6) Opponents of the CUP pointed out that since the County has no mechanism for overseeing these practices at McDuffee's facility, and given his history of noncompliance with Federal and State regulations, there seems to be little reason to believe he would comply with any conditions attached by the County to the CUP.
Plaintiffs in this case stated clearly that if these issues are not clearly and effectively resolved, and if the County grants McDuffee another CUP, they are prepared to continue litigating this case. They also presented the commissions signatures from 2 petitions. One petition included only local signatures from Morrision County residents. It contained more than 400 signatures. Another national petition was presented containing more than 22,000 signatures.
Morrison County has this issue on the agenda of for their April 3rd County Board meeting. It is expected the Morrison County Commissioners will make a decision about McDuffee's CUP at that time.
Please contact Morrison County and tell them we do not need another large-scale puppy factory in Minnesota.
Here’s how to voice your opinion: Call or e-mail one or better yet, all of the county’s staff listed below:
Tim Houle
County Administrator
(320) 632-0295
timh@co.morrison.mn.us
Thomas Wenzel
Commissioner District 1
(320) 749-2288 or tomw@co.morrison.mn.us
Jeffrey Schilling
Commissioner District 2
(320) 745-2617 or jeffs@co.morrison.mn.us
Gene Young
Commissioner District 3
(320) 2537 or geney@co.morrison.mn.us
Donald Meyer
Commissioner District 4
320) 468-6096 or donm@co.morrison.mn.us
Duane Johnson
Commissioner District 5
(320) 547-2408
Mail Comments to:
Morrison County Government Center
213 SE 1st Ave.
Little Falls, MN 56345