GILL — A third-generation dairy farm faces foreclosure after an attempt to modernize its operation with robotics apparently backfired in the last couple of years.
The Foss Dairy Farm, 32970 Weld County Road 59 in Gill, doing business as Crow Creek Dairy, operates with 200 cows, growing its own corn, alfalfa and sorghum, according to a betterwithdairy.com farmer profile. The farm began working on a new milking facility in 2021, and took out a $6 million loan, plus a credit account during the time to see the project through.
American Ag Credit filed for foreclosure in September, and filed formal action in Weld District Court earlier this month on a $6 million loan made to Foss in 2021, claiming that $3.9 million was still owing after several attempts to sell collateral to pay down the debt.
A foreclosure sale is set for May 2026, and the farm’s deadline to cure the default is May 19, 2026. Meanwhile, Eaton-based Agfinity Inc. filed a complaint in April 2025 against Foss and the dairy, claiming that the family has failed to repay $128,765 in extended credit dating back to 2021, when the farm was undergoing its expansion. That case has been ordered into mediation and has yet to be resolved.
Meanwhile, Foss is embroiled in a lawsuit against High Plains Construction Services LLC in Milliken, claiming negligence and breach of contract, a case that has not yet been settled. Foss filed the lawsuit in October 2024 in Weld District Court against High Plains.
According to its complaint, Foss Dairy states that it obtained $3.5 million in financing to build the barn, purchase and install all robotic milking equipment, and buy additional livestock to fill the barn. In May 2021, Foss entered into a contract with High Plains to build the facility, the lawsuit states. Construction was to begin 30 days later and take no more than a year to complete, the lawsuit stated. But High Plains out of the gate was behind on the project, falling further behind as the months dragged on, the lawsuit stated.
“As construction proceeded, HPC began to fall behind schedule, which caused delays of equipment suppliers to perform work. Throughout the course of the construction work, HPC continued to fall … behind schedule and provided no assurances or plans to catch back up to the schedule,” the lawsuit stated.
The lawsuit states partial electricity was not hooked up until the end of 2021, and the water line was not installed until December 2022, despite Foss paying for the work in February 2022.
“These delays severely interrupted the intended use of the barn and Foss’s ability to purchase cows,” the lawsuit stated. A certificate of occupancy was issued in February 2023, but there remained significant work to be done, including the remote manure storage, exterior gutters and milk truck concrete pad, the lawsuit stated.
The lawsuit lists 34 major construction defects on the project that “have caused and will continue to cause result and consequential property damage, loss of use and other damages.”
Damages range from improperly installed equipment, botched concrete work, and poor construction work throughout the project. The lawsuit claims that equipment was improperly installed as well, resulting in freezing of equipment and water pipes, and other equipment being left with jagged edges that cause injury to humans and animals. Earthwork, as well, was improperly handled, the lawsuit stated.
In its response to the lawsuit, High Plains states that “damages, if any may be the result of conditions at the property that occurred subsequent to the completion of the defendants’ work at the property, caused by persons other than the defendants over which the defendants had no control that modified the original construction, causing damage to the property.”
Elaine and Robert Foss started the dairy in 1953 after they married. Their children, Brad and Robin, and Robin’s husband, Bruce Meireis, now run the farm, according to betterwithdairy.com. The dairy website added, “Things haven’t always been easy for this dairy family; in 2009, they sold their herd to weather the recession, keeping only the heifers, and re-built the herd as the economy improved. Through it all, cow care remained a priority: making sure the cows are happy with clean, comfortable places to rest. The family takes extra care to make sure the cows are relaxed when they are waiting to get milked.”
Calls to members of the Foss family were not returned prior to the deadline for this story. When contacted, High Plains owner Jon Cain declined to comment on the case, deferring to his attorneys.
Cases mentioned:
• Case no. 2025CV030995, American AgCredit Flca v. Foss Dairy Farm Lllp et. al., filed Oct. 7, 2025 in Weld District Court.
• Case no. 2025CV030170, Agfinity Inc. v. Foss, Bradley, et. al, filed Feb. 28, 2025, in Weld District Court.
• Case no. 2024CV030966, Foss Dairy Farm Lllp. v. High Plains Construction Services LLC et al, filed Oct. 21, 2024, in Weld District Court.
This article was first published by BizWest, an independent news organization, and is published under a license agreement. © 2025 BizWest Media LLC.
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