|Posted by morninglanddairy on March 20, 2011 at 12:28 AM|
"Stay of Execution on Cheese is Granted!
Morningland Moves on to Appeal
March 9th 2011
In a surprisingly fast decision, the Judge in the Morningland of the Ozarks LLC’s case has ruled in favor of a “stay of execution” on destruction of the cheese in the farmstead cheese company’s refrigerated cave.
Yesterday at 1pm, there was a teleconference regarding Morningland counsel’s request for a stay on the State’s desire to destroy all of the cheese that has been held under embargo since August 26th. The Judge had issued his Order for Judgment for destruction and had also issued a Permanent Injunction on Morningland LLC to stop them from making or selling cheese until a very untenable set of criteria were met by the company. Counsel Gary Cox requested a stay on destruction and asked the judge to dismiss the counter claims brought by Morningland LLC in their case with the Missouri Milk Board.
Today, March 9th, 2011, the day the Milk Board wanted to begin destroying the cheese, Judge Dunlap issued a five point ruling in favor of the Stay and now the case to destroy the cheese moves on to Appeal.
Morningland of the Ozarks LLC , has been in business for 30 years with no incidence of illness ever surfacing. Despite the history of companies like Morningland, the FDA issued a notice to consumers the same day the decision to grant a stay was being heard saying that raw dairy may “Pose a Health Threat”.
While Morningland of the Ozarks LLC has been put out of business by the seizure and complete halt of selling or producing cheese at the cheese plant, Morningland intends to move forward as a private health food association and hopes to make cheese again soon. Joseph and Denise Dixon, the prior principals of Morningland LLC said, “If we can just hold on until spring fully hits, when the grass comes in and the cows don’t need to be fed, we think we can weather this, and hopefully produce living, healthful food for our members again.” '