Music Fest II
MusicFest II was a HUGE SUCCESS on Monday, May 26th as we raised thousands of dollars for our appeal and entertained hundreds of music fans. We had 11 bands donate their time and talents to a great cause at Bart’s Pizza Pub. Perfect weather also was a sign that sunny days are ahead for this appeal!!
Anyway, we printed out a Timeline of our three-year battle over this permit and handed it out at MusicFest. Here’s a version of that for all to read:
Timeline: ICS/Faulks Bros. Sand Mine Permit vs. Township of Scandinavia Neighbors:
June 1, 2022: Iola Car Show and Faulks Bros. sign agreement to mine 30 acres. Details are first revealed on Oct. 14, 2022 in a letter to 43 Township of Scandinavia neighbors.
May 3, 2023: After 12+ hours of public meetings over two dates, the Township of Scandinavia Planning & Zoning Committee unanimously votes to deny the permit. Town Chairman Gary Marx writes a 61-page report detailing all the ways the permit is not in compliance with the 2030 Township of Scandinavia Comprehensive Plan.
May 10, 2023: The Township of Scandinavia Board of Directors also unanimously vote to deny the permit.
August 22, 2023: The Waupaca County Planning & Zoning Committee votes 3-2 to deny the permit to Faulks Bros. after hearing 7+ hours of evidence. The permit has now been denied three times.
September 12, 2023: Director Ryan Brown and County Attorney Diane Meulemans hold a closed door meeting with the Waupaca County Planning & Zoning Committee even before Faulks Bros. filed an appeal. No minutes of the meeting are known.
September 20, 2023: Faulks Bros. files a certiorari action challenging the Committee’s decision.
October 2, 2023: A second closed door meeting was held and a motion was made to reconsider the CUP application at a future meeting. There are no minutes of the meeting.
October 30, 2023: The Planning & Zoning Committee passed the motion to reconsider the CUP application.
January 23, 2024: With no new evidence, no new testimony and no public comments allowed, the P&Z committee voted 4-1 to approve the CUP to Faulks Bros. Two board members changed their votes.
February 19, 2024: Three neighborhood families appealed the decision to the Waupaca County Board of Adjustment.
October 21, 2024: The five-member Board of Adjustment held a 10 ½ hour meeting with evidence provided by both sides.
October 25, 2024: The board voted 3-2 in favor of the permit on the two key requirements from Waupaca County ordinance Chapter 34.14.5.1(b). The permit was granted.
November 26, 2024: The neighbors filed an appeal. All three Waupaca County judges either recused themselves or were substituted out. The case has been assigned to Kewaunee County Judge Jeffrey R. Wisnicki and will be decided in October. Our brief is due July 1; Faulks’ brief is due Sept. 1.