Minnesota continues to fight back against 500-dog breeding facility
From Animal Ark ShelterAn appeal to a Conditional Use Permit (CUP) granted by Morrison County to Gary McDuffee to operate a large-scale, commercial dog breeding facility (a.k.a. "puppy mill") was filed on Tuesday, May 29 by attorneys representing neighbors to McDuffee's property. The neighbors have already successfully appealed an earlier permit.
Last year, the Minnesota Court of Appeals
decided that Morrison County had been arbitrary and capricious when it granted McDuffee a permit to run a 600-breeding dog facility that also allowed for an unlimited number of non-breeding animals and puppies.
Following that ruling, the County held a public hearing into the matter and re-issued the permit with 13 new conditions attached to it telling McDuffee how he is supposed to operate the facility. The conditions cover things ranging from the disposal of feces and dead animals to noise management.
Pictured left: Rows of wire cages at a puppy mill Gary McDuffee owned with his ex-wife, Wanda. This kennel had a 5-year history of USDA violations that were not disclosed in McDuffee's application for a permit to run his new facility.But, neighbors are quick to point out that Morrison County has no system in place to ensure McDuffee complies with these conditions. They also point to McDuffee's long history of failing to comply with USDA regulations, and his apparent failure to even meet minimal Minnesota Animal Cruelty laws.
Minnesota State Law requires that his animals be provided with a minimum of 20 minutes of free-choice exercise each day. During the public hearing in Morrison County, it was learned that McDuffee had neither the staff nor the facilities needed to provide this required exercise, in spite of the fact that he has been in operation for about a year at the new facility.
After leaning about McDuffee’s failure to exercise his animals, in accordance with Minnesota State law, Morrison County reduced the number of breeding animals allowed by the CUP from 600 to 500, and added a condition to his permit that McDuffee set aside one sixth of his facility to be used as an exercise area for dogs. This condition, however, does not ease the minds of people concerned about the puppy mill.
Breaking the Law?Mike Fry, Executive Director of Animal Ark asked, "If McDuffee has been so willing to ignore USDA regulations and Minnesota State cruelty statues, what makes Morrison County Commissions believe he will comply with their new conditions, especially when they have no way of knowing how he is operating his facility on a daily basis?"
Since granting McDuffee his new permit, Morrison County Commissioners have tried to deflect criticism of their decision. In the
Morrison County Record, Commissioner Duane Johnson is quoted suggesting they had no choice but to allow McDuffee to continue to operate. He said that, because this was a land-use permit, the County could only consider land-use issues.
However, that appears to be in direct conflict with the earlier ruling by the Minnesota Court of Appeals, which, in overturning the original CUP, told the County they had failed to take a "hard look" at many issues relating to the CUP. The issues the County failed to consider, according to the Court, included animal welfare, environmental and other issues.
Permit Under ScrutinyThis case has already received national attention. This second appeal is likely to call additional attention to the County's policies toward large-scale commercial breeders. There are several puppy mills operating in Morrison County, including one owned by McDuffee's ex-wife and one owned by McDuffee's sister. Both of these facilities have histories of serious USDA violations.
During a related court case, veterinary inspections of McDuffee's property were conducted to look for potential public health concerns that could originate from large-scale dog breeding facilities. The results of those inspections have been sealed by a judge in Morrison County. It is expected that attorneys for the neighbors may try to get those inspection reports made public during this appeal.
Attorneys for Mansfield, Tanick and Cohen Law Firm, are handling the appeal for the neighbors, with support from Animal Ark.
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Mike Fry
Executive Director of Animal Ark
Co-Host of Animal Wise Radio
http://www.animalarkshelter.orghttp://www.animalwiseradio.com(651) 772-8983 (Shelter)
(612) 590-1868 (Direct)
Animal Wise Radio Comment Line: (888) 668-0687 (Toll Free)
Click here to read the previous story about the hearing that led to Morrison County issuing a second permit.How you can helpDonateAnimal Ark has been supporting efforts to oppose the permit for over a year. Continued support with of donations (to cover legal fees) has made it all possible. They are still working hard to raise money to stay strong in the legal battle!
Click here to donate to Animal Ark.Enter the raffleAll proceeds go to Animal Ark, and the prize is a week-long stay at a resort.
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