Judge Wisnicky rules in favor of sand mine permit
On Thursday, Oct. 30, Kewaunee County Judge Jeffrey Wisnicky delivered his decision in the closely-watched case of anti-Iola Sand Mine parties v. Iola Car Show, affirming the Waupaca County Board of Adjustment’s approval of a sand mine permit for Faulks Bros. Construction, Inc. and the Iola Car Show.
The controversy centered around a proposal to convert 22 acres of land — currently used as a parking lot and hay field — into a sand and gravel mine for a period of eight to 13 years. After that, the site would be reclaimed for use as a parking lot and farmland. The proximity of the mine to several residents sparked concerns about potential impacts to property use and enjoyment, prompting a legal challenge to the Board’s decision to grant the permit.
Judge’s analysis and conclusion
Judge Wisnicky thoroughly reviewed the appeal and rejected every point raised by the plaintiffs. In his written decision, the judge emphasized that the Board followed all legal procedures in considering Faulks Bros.’ application for a conditional use permit. He noted, “Anyone wishing to be heard was given an opportunity and the Board deliberated, articulated its reasons and approved the Faulks’ proposed use with conditions.”
The judge’s conclusion summed up his analysis: “Plaintiffs have not overcome the presumption that the Board’s action was valid. Therefore, the Court finds and concludes the Board (1) kept within its jurisdiction; (2) proceeded on a correct theory of law; (3) did not take any action that was arbitrary, oppressive, or unreasonable or represented its will rather than its judgment; and (4) made its determination based upon substantial evidence.”
Judge Wisnicky’s order affirms the Waupaca County Board of Adjustment’s decision to grant Faulks Bros. Construction, Inc. a conditional use permit to operate a non-metallic mine on the Iola Old Car Show, Inc. property. He also agreed with the Board’s position that it, rather than the Town, is responsible for determining whether the conditional use aligns with all relevant comprehensive plans.
With the court’s ruling, Faulks Bros. and the Iola Car Show are cleared to proceed with the mining project. The anti-Iola Sand Mine parties have 30 days to appeal.