Residents of the lush Long Green Valley are taking their fight against a milk-processing plant on rural land zoned for conservation to Baltimore County’s highest appellate board.

The county’s Board of Appeals will hear arguments on whether fourth-generation farmer Robert Prigel, who owns the county’s only organic dairy farm, can operate a 10,000-square-foot creamery and retail store on land under a state conservation agreement. The plant is already built, and opponents, including Maryland Del. Sue Aumann, said the state paid Prigel $1.2 million not to build on his property.

“It erodes the public trust if you have land within an easement for preservation and you sacrifice that agreement by putting something commercial or industrial there,” Aumann said. “You are violating the intent of that easement, which has the potential to set a dangerous precedent for other farmers who have land in preservation.”

Prigel said he plans to process organic milk, yogurt, ice cream and cheese in the facility on his 260-acre farm, then sell it in a store up front.

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Deputy Zoning Commissioner Tom Bostwick last month said Prigel can operate the store, noting the lack of locally produced organic daily products available to county residents. Denying Prigel’s request, Bostwick said, would border on ridiculous.

“It is hard to imagine a negative impact stemming from the operation of a family run organic dairy farm stand in the center of many acres of farmland owned by that same family,” Bostwick wrote.

Bostwick conducted a separate hearing last week on the processing plant in the rear of the building. Opponents have argued creameries are limited to commercially zoned land and retail stores to business zones.

Prigel’s attorney, John Gontrum, argued the Maryland Agricultural Land Preservation Foundation approved the plans, superseding county zoning laws. The packed hearing was contentious: Prigel abruptly walked out when an attorney for the opponents asked him to testify.

“We’re going to process dairy products,” Gontrum said. “We’re going to have a creamery. We’re going to take milk and — God forbid — pasteurize it.”

Opponents have appealed Bostwick’s decision on the retail store. There is yet to be a ruling on the creamery, but the issue will likely be appealed by the losing party, attorneys said.

jmalarkey@baltimoreexaminer.com