By Greg Ambrosius
Yesterday, Waupaca County Judge Vicki Clussman recused herself from our case. She cited Wis. Statue s. 757.19(2)(g), which states that the judge determined that she could not act impartially in this case.
Another judge in another county will now decide the case over the Iola Car Show’s non-metallic mining permit because all three Waupaca County judges have been eliminated
Judge Troy Nielsen was originally assigned to the case, but he recused himself because he lives in Iola and is familiar with many of the people involved in the case. Judge Raymond Huber was then assigned to the case, but we asked for him to be substituted. That left the case to Judge Clussman, who was assigned to the case on Dec. 30, 2024, and recused herself on Feb. 19.
Interestingly, last week Faulks Bros. filed a petition to intervene in the case on behalf of the Waupaca County Board of Adjustment. Judge Clussman didn’t rule on that intervention, but quickly after that she recused herself from this case.
Last year this appeal was assigned to Judge Nielsen, who again recused himself. Then it was assigned to Judge Clussman and Faulks Bros. immediately substituted her out for Judge Huber. We then substituted Huber out and the case went to Outagamie County Judge Vincent Biskupic. He ruled that legally the Waupaca County Board of Adjustment had to hear the case before it could come before a County Circuit Court judge and the BOA then ruled in favor of Faulks Bros. 3-2 after a 10-1/2 hour meeting. That decision is now being appealed by three neighbors of the Iola Car Show property.
This case is now waiting for a new jurisdiction and a new judge. It does not necessarily go back to Outagamie County or Judge Biskupic. We are all now waiting to find out where and who will hear this case. It’s unlikely that anything will get done quickly now, but one sure thing is that this case will be moved out of Waupaca County and decided by a neighboring judge. When we find out who the judge is, we’ll let everyone know.
Is it good that an outside judge will decide our appeal? We’ll find out, but not anytime soon.