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Carlin Club Appeal Goes Back to Board of Adjustment

Pixabay.com

Explaining his reasoning after more than an hour  Tuesday to a packed courtroom, Vilas County Judge Neal Nielsen sent the Carlin Club Properties water pumping case back to the Vilas County Board of Adjustment to uphold, amend, or modify its decision last July that upheld zoning administrator Dawn Schmidt's decision to deny the permit.

Schmidt's interpretation was pumping and transporting water from an existing well to a bottling plant in Michigan was a different use than a bar, lodging, and restaurant that was “grandfathered” after the property was rezoned from General Business to R-1 Residential.

Carlin Club Properties appealed Schmidt's decision to the Board of Adjustment that upheld Schmidt's view and the Club then filed a petition of Certiorari for a circuit court review.

Judge Nielsen viewed the county ordinance as being “very liberal” by allowing non-conforming uses to continue after a re-zone. “They can continue and even be changed under the ordinance to another non-conforming use that is the same or more restrictive and can even be enlarged if certain conditions are met,” Judge Nielsen said. “I don't have any case law in how to look at this issue and we need an interpretation.”

Judge Nielsen noted there was a “presumption of validity” by the Board of Adjustment and did the Board keep within its jurisdiction, which Carlin Club Properties view is they didn't. He noted DNR has authority to regulate ground water but county zoning can regulate land use.

Speaking to the crowed courtroom, the Judge said it was with “considerable reluctance” to send everyone out without a ruling but “there's a lot at stake and we need to take one step back to find if there is jurisdiction therefore I'm remanding the case back to the Board of Adjustment for review - - I want an appropriate record at the conclusion of this case.”

Vilas County corporation counsel Jack Albert indicated he will arrange another hearing before the Board of Adjustment. 

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