Summary:  FTCLDF has filed suit against the State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) on behalf of GrassWay Organics Farm Store LLC, operated by Fund farmer members Kay and Wayne Craig of GrassWay Farm who along with members of GrassWay Organics Association are investors in the LLC. The suit claims that under Wisconsin law, the sale of raw milk to LLC members is legal when the LLC holds the Grade A permit and owns the cows.

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Oct 19, 2010 
Most recently, on October 6, Dane County Judge Fiedler ruled that the GrassWay and Zinniker cases should be consolidated but granted the Fund's request for a six-month discovery period extending into April 2011.  The Fund is now proceeding to use the discovery process to gather information through written interrogatories and depositions.

Sep 22, 2010 
DATCP has filed a motion for judgment on the pleadings; the Fund has opposed that motion, and the matter is under advisement before the Dane County court. DATCP has also asked that the case of Mark and Petra Zinniker, which was transferred by the Walworth County court to a court in Dane County, be consolidated with this case of GrassWay. The Fund has opposed DATCP's motion to consolidate, arguing that the facts and legal issues of the two cases are completely different.

The Fund anticipates that the Dane County court will deny the motions to consolidate and for judgment on the pleadings and that the GrassWay and Zinniker cases will proceed separately in two different Dane County courts before two different Dane County judges. 

May 24, 2010

FTCLDF has filed suit against the State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) on behalf of GrassWay Organics Farm Store LLC, operated by Fund farmer members Kay and Wayne Craig of GrassWay Farm who along with members of GrassWay Organics Association are investors in the LLC. The suit claims that under Wisconsin law, the sale of raw milk to LLC members is legal when the LLC holds the Grade A permit and owns the cows. DATCP has denied these claims and has moved for judgment on the pleadings. The Fund is in the process of drafting a response to DATCP's motion.  Once the matter is submitted to the court, the parties will await the court's ruling. DATCP is seeking to move another Fund case to this court, arguing the issues are the same (see Zinniker case). The issues are not the same and the Fund will be opposing DATCP's attempt to have this one court hear both cases.