Thursday, February 18, 2010

Judge takes Bayfield County to task in Shadow Wood decision

Bayfield County Circuit Court Judge John Anderson, in his written decision in the case of Bayfield CFRLU vs Bayfield County, said Bayfield County proceeded under an "incorrect theory of law" when they agreed to rezone 380 acres of northern Bayfield County land using ordinary zoning regulations.

The Judge’s decision unambiguously reverses the rezone of the 380 acre CFS property. The county is chided for the “curious proposition” that it could fail to apply its ordinance but attempt to deny the challengers’ standing to correct that error. The judge declares that “the plaintiffs… have every right to seek enforcement of the laws governing” navigable waters.

The Bayfield Committee for Responsible Land Use (CFRLU) suit raised various issues contesting the validity of the County Board’s decision. However, the judge felt no need to address any issue other than the presence of navigable waters, because the Board’s failure in that matter was undeniable.

It is the position of the Bayfield Committee for Responsible Land Use that the County should start the process over from the beginning, with a new application, in order to provide the appropriate opportunity for public input, which was initially ignored, and to address the additional substantial issues relative to this project, which has been described by the developer as the largest rezone in the history of Bayfield County.

Read the Judge's decision,
Read the Ashland Daily Press article,

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