Karen Madden

USA TODAY NETWORK-Wisconsin

MADISON - A proposed mega-dairy in Saratoga isn't dead yet as the owners fight a court ruling that went against them.

The Wysocki Family of Companies, which is planning to build the Golden Sands Dairy in Saratoga, filed documents Monday asking the Wisconsin Supreme Court to review a previous ruling by an appeals court that put plans for the dairy in jeopardy.

"(The Wysocki Family) feel the court of appeals failed to properly apply the law of vested rights," said Jim Wysocki, company chief financial officer. "Therefore, we decided to appeal this case."

The owners of Golden Sands Dairy do not have the right to use more than 6,000 acres of land for agriculture and manure spreading, according to the Wisconsin District IV Court of Appeals in an April 13 ruling.

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The ruling overturned an earlier decision by a Wood County Circuit Court judge, which found the Wysocki Family of Companies' application for dairy buildings on 100 acres of Saratoga land allowed it to use additional land associated with the proposed dairy for agricultural purposes. The potential impact on water from manure spreading from approximately 4,000 cows and watering more than 6,000 acres of crops has been the subject of public protests and moves by town residents seeking to block the project.

The Wysocki's attorney filed a 41-page brief with the Supreme Court giving reasons why the court should take the case for consideration. Saratoga has until the end of May to file a brief explaining why the Supreme Court shouldn't consider the case, said Paul Kent, an attorney representing the town in the case.

Kent said there are a number of reasons why the Supreme Court shouldn't take the case. About 10 percent of the requests to review cases that go to the court get accepted, Kent said. Kent didn't want to give details on the town's reasons for not taking the case until he files his documents with the state.

The case has implications that go beyond the proposed dairy in Saratoga, Wysocki said. Businesses considering locating in Wisconsin in the future would have to worry that a community could change zoning laws after they've built their facilities, keeping them from using their land for operations, Wysocki said.

If the Supreme Court decides to accept the case, it would be considered during the court's next session, which runs from September to June. It would likely be sometime in 2018 before the court would issue its decision.

Wysocki said he's optimistic the Supreme Court will agree to take the case and overturn the appeals court decision.

Karen Madden: 715-424-7308, karen.madden@gannettwisconsin.com; on Twitter as @KMadden715.