Why Do We Oppose The Iola Car Show Sand Mine? Because Of Location, Location, Location!

Appeal Brief Filed In Kewaunee County

The plaintiffs in the appeal against the proposed Conditional Use Permit for a sand mine on the Iola Car Show grounds filed their brief on Tuesday, July 1st with Kewaunee County Judge Jeffrey R. Wisnicki.

The plaintiffs are appealing the decision made by the Waupaca County Board of Adjustment in October that allowed Faulks Bros. to receive a permit to mine 22 acres of sand on the Iola Car Show grounds. The plaintiffs include Ron and Laura Scott, Ken and Joanne Mentzel, and Greg and Chris Ambrosius.

In the brief, filed by Christa Westberg of Pines Bach LLC, it states in its argument that: " The County’s entire process surrounding the Faulks CUP application has been plagued by legal and procedural errors, and the Board’s review is no exception. Implicating the second prong of certiorari review, the Board misapplied the law, including the County’s standards relating to neighbor impact, compliance with the Town’s comprehensive plan, and Farmland Preservation requirements.

"As to the third and fourth prongs, the Board failed to make sufficient findings supporting its approval, and its determination that there would not be a substantial diminution of property values in contradiction to the substantial evidence before them. It also incorrectly approved an incomplete CUP application. The Board’s errors and missteps are disastrous for the mine’s neighbors, including the Plaintiffs, who will have to live with the mine’s impacts—possibly for the rest of their lives—when it clearly does not meet the County’s standards. For these reasons, the Board’s decision should be reversed."