Faulks Bros. allowed to intervene in appeal

By Greg Ambrosius

On Monday, March 24, Kewaunee County Judge Jeffrey R. Wisnicky ruled in favor of Faulks Bros. and allowed them to intervene in our appeal against the Iola Car Show sand mine permit.

The ruling allows Faulks Bros. to intervene with the Waupaca County Board of Adjustment and provide briefs and testimony in the case. We had objected to the intervention request because the appeal is against the Waupaca County Board of Adjustment’s decision to not follow county ordinance guidelines and not an appeal against Faulks Bros.

But it’s not uncommon for a judge to allow a third party intervention, and despite our objections, Faulks Bros was allowed to intervene in the case.

Judge Wisnicky also set the schedule of events for this case on Monday. The next deadline is Thursday, April 24, when Waupaca County Board of Adjustment officials must compile and file everything from the proceedings at the last BOA hearing. This includes all files and testimonies from all of the Township of Scandinavia hearings, all of the Waupaca County Planning and Zoning Committee hearings, and the BOA hearing.

Our brief is then due on July 1.

The Board of Adjustment and Faulks Bros.’ response is due on September 2nd.

Our final reply is due on October 1.

Judge Wisnicky will then let both parties know if he wants a hearing after he’s read the briefs or if he will just decide based on the briefs themselves. The bottom line is that this case will likely be undecided until October and maybe even November, leaving the proposed sand mine untouched until a decision is made. 

It also means that this dispute over the proposed sand mine on the Iola Car Show grounds will go into Year Three of the dispute in October. Three years. Amazing.