CARRINGTON (AP) - Opponents of a dairy planned south of Carrington are accusing the Foster County Commission of meeting in secret to discuss it.

In a lawsuit filed against the commission this month, Ted Keller, Leo Straley and Dianne Straley allege the commissioners illegally met downstairs in the Foster County Courthouse on April 1, before a scheduled meeting upstairs in the courtroom. Both meetings were about a permit application for the proposed dairy.

Keller said he and the Straleys would have attended the downstairs meeting if they had known about it.

Carrington Mayor Don Frye said the doors were open.

"The commissioners never closed the doors. They didn't decline anyone entrance," he said.

The lawsuit also alleges Foster County State's Attorney Paul Murphy asked for a closed session without a legitimate reason. Murphy said he had a legitimate reason for the request but the commissioners decided to keep the doors open.

"What I said was, 'We have to talk about this because there is a chance of a lawsuit from either side. We're looking a sabers rattling on both sides,'" Murphy said.

The civil lawsuit also alleges the commissioners illegally voted on the dairy permit while in the unscheduled downstairs meeting. It says the discussion caused one commissioner to change his vote, which became decisive in approving the permit, and says a new vote should be taken at an open meeting of the County Commission. The lawsuit also asks for attorney's fees.

"Our complaint doesn't ask for a stay (of the dairy construction)," Keller said. "The Straleys and I - we just kind of think it's a good idea to obey the law all the time, especially since those are the people who are making the laws."

Scott Porsborg, an attorney for the commission, denied the lawsuit allegations, saying the April 1 meeting was open to the public. He also said the County Commission is immune from liability under state law.

Court officials said the next step is to set a hearing date. Frye said the lawsuit will not slow work on the dairy.