Fort Ann could choose to add its own rules, but the town has not done so and also has chosen to not add a zoning code.

Koumjian noted other municipalities have taken action by creating a local law that requires manure to be “stored and properly applied to the land at agronomic rates.”

The town supervisor is on vacation in Europe and the deputy supervisor is not speaking for the town about the issue because she is suing Tracy privately. Deputy Supervisor Deborah Witherell is the neighbor whose well has been contaminated.

She said she asked the town not to take action because she wanted to avoid the appearance of impropriety, although she did ask the town last year to order Tracy to remove the cows. The town ordered Tracy to remove them, but Tracy challenged the town’s assertion that he was breaking local codes or animal cruelty laws.

He moved the cows for a few months, then brought them back to his land for the winter, and they have remained there ever since. He also vowed to fight the town in court if it tried again to order him to remove the animals. The town has not sent any orders since then.

You can reach Kathleen Moore at 742-3247 or kmoore@poststar.com. Follow her on Twitter @ByKathleenMoore or at her blog on www.poststar.com.

Love 0 Funny 0 Wow 0 Sad 0 Angry 2

Get local news delivered to your inbox! Subscribe to our Daily Headlines newsletter. Sign up! * I understand and agree that registration on or use of this site constitutes agreement to its user agreement and privacy policy.