Some of you have asked: What was the outcome of the legal battle against the private recreational airport development proposed for a site just north of Highland Valley Farm? After all the controversy--five years of contentious public debate in municipal town halls, the Bayfield County board room, and the courts--you would expect that there might have at least been an article in the local press announcing the recent ruling from the Wisconsin State Court of Appeals. Go figure! But, I'm pleased to be able to tell you, WE WON!
On July 30, 2013, Judge Eaton, handed down the decision of the State Court of Appeals upholding the decision of the Bayfield County Board of Adjustment (BOA). Earlier, after considering the evidence revealed from 8 1/2 hours of testimony and a mountain of documents, the BOA had overturned the County Board's snap decision to grant a building permit to the developer. Requesting a "change of venue" following Judge Anderson's decision upholding the BOA, the issue was appealed by the developer to the State Court of Appeals and Judge Eaton--where the developer was defeated again. The next recourse would be for the developer to appeal to the State Supreme Court, but the period for requesting that appeal has lapsed, signaling that the developer is throwing in the towel--at least for now...
This project was threatening in so many ways. Of course the thought of how our family's farm business and our quality of life would have been impacted living under the low-level path of frivolous air traffic was upsetting to us--but the entire Bayfield and Apostle Islands area would have been subjected to the intrusive "flight seeing" activities of these recreational aviators. In the end, however it was the environmental fragility of the site itself--steep and highly erodible land, in close proximity to a large wetlands that is headwaters to the Pike's Creek trout waters feeding into the fish hatchery and Lake Superior--that brought the strongest rebuke from the BOA and the courts.
Joyful as my family, friends, neighbors, and supporters are for this outcome, we realize that in the cause of conservation constant vigilance and perseverance are required. We have won a battle--but there will always come another threat. When the land is bulldozed and concrete is poured, the developer wins the war--piece by piece. But, for now we will celebrate. Sometimes the "little people" can win. There would not have been a victory, however, without the courage of our neighbors standing together and the generous support of Counselor Shari Eggleson who represented our cause to the end "Pro Bono".
On July 30, 2013, Judge Eaton, handed down the decision of the State Court of Appeals upholding the decision of the Bayfield County Board of Adjustment (BOA). Earlier, after considering the evidence revealed from 8 1/2 hours of testimony and a mountain of documents, the BOA had overturned the County Board's snap decision to grant a building permit to the developer. Requesting a "change of venue" following Judge Anderson's decision upholding the BOA, the issue was appealed by the developer to the State Court of Appeals and Judge Eaton--where the developer was defeated again. The next recourse would be for the developer to appeal to the State Supreme Court, but the period for requesting that appeal has lapsed, signaling that the developer is throwing in the towel--at least for now...
This project was threatening in so many ways. Of course the thought of how our family's farm business and our quality of life would have been impacted living under the low-level path of frivolous air traffic was upsetting to us--but the entire Bayfield and Apostle Islands area would have been subjected to the intrusive "flight seeing" activities of these recreational aviators. In the end, however it was the environmental fragility of the site itself--steep and highly erodible land, in close proximity to a large wetlands that is headwaters to the Pike's Creek trout waters feeding into the fish hatchery and Lake Superior--that brought the strongest rebuke from the BOA and the courts.
Joyful as my family, friends, neighbors, and supporters are for this outcome, we realize that in the cause of conservation constant vigilance and perseverance are required. We have won a battle--but there will always come another threat. When the land is bulldozed and concrete is poured, the developer wins the war--piece by piece. But, for now we will celebrate. Sometimes the "little people" can win. There would not have been a victory, however, without the courage of our neighbors standing together and the generous support of Counselor Shari Eggleson who represented our cause to the end "Pro Bono".
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