Whelan Ranch Manager Sues Over Herd Size

The manager of Whelan Ranch, an Oceanside dairy that was snared in a bitter dispute over conflicting wills left by its owner, has sued San Diego County claiming that a restriction on the herd size threatens to shut the operation down.

Ivan Wood contends in a lawsuit filed in Vista Superior Court that the county Board of Supervisors discriminated against him last summer by setting a limit of 385 cows at the dairy, which has had up to 1,200 head in the past.

Wood’s lawsuit shocked and angered state officials, who have battled with the dairy manager for control of acreage on the dairy for a bird sanctuary.

The ranch has been embroiled in a testy court battle since the death of longtime owner Ellen Whelan at the age of 85 on Dec. 31, 1985. Whelan left two vastly conflicting wills.

Bird Sanctuary

The first, drafted in 1975 by her longtime attorneys, directed that nearly all her assets be used to establish a bird sanctuary on her 323-acre property, which includes a lake that has long been frequented by large flocks of Canadian geese and other migratory waterfowl.

A second will drafted in 1981 left nothing to the birds. Instead, the dairy was to go to Wood, with the remainder of the assets to be divided between a local abbey and several close associates of Whelan during her twilight years.

Prompted by complaints from some of Whelan’s friends, the state attorney general’s office contested the second will, alleging that Wood exerted “undue influence” on Whelan--who suffered from Alzheimer’s disease late in life--in persuading her to sign the new document.

In August, state officials settled the dispute with Wood and the others, with 120 acres of the ranch to go for a bird sanctuary. The rest of the land and assets was to be divided among Wood and the others. Under terms of the deal, Wood was made executor of the estate.

‘Going to Sell the Dairy’

Deputy Atty. Gen. William Abbey said that at the time of the settlement Wood “made representations to the court that he was going to sell the dairy.”

Abbey said the state went forward with the settlement in large part because of Wood’s declarations of selling. State officials maintain the dairy is an unsuitable neighbor for the bird sanctuary, primarily because polluted water from the operation has historically clogged a lake that will form the centerpiece of the preserve.

“This is real surprising to me because it had appeared at the time of the settlement that Ivan had come to realize that operation of the dairy out there was an anachronism,” Abbey said. “I don’t think this lawsuit is in keeping with the spirit of our agreement.”

Wood could not be reached for comment. His attorney, R.J. Kilpatrick of Long Beach, refused to say what Wood’s plans for the dairy are.