STURGEON BAY LEGAL DEFENSE FUND
FEDERAL LAWSUIT FILED SEPTEMBER 18, 2015
Friends of Sturgeon Bay Public Waterfront have filed suit against the City of Sturgeon Bay and the Waterfront Redevelopment Authority in the Federal District Court in Green Bay to vindicate the rights of the public in Sturgeon Bay’s west waterfront. Representing the group are water law specialists Wheeler, Van Sickle & Anderson, S.C. and the public interest law firm Midwest Environmental Advocates (MEA).
WHO ARE THE FRIENDS OF STURGEON BAY PUBLIC WATERFRONT?
The Friends of Sturgeon Bay Public Waterfront is a grassroots group made up of concerned citizens from around the state and here in Door County. There is no formal organization of the group and no membership required. Simply, if you support this cause - welcome!
Six Sturgeon Bay residents are listed as plaintiffs in this lawsuit.
WHY IS THIS CASE SO IMPORTANT?
Our Founding Fathers knew that our natural resources are priceless and public access was deemed essential. Setting a precedent of upholding The Public Trust Doctrine is of the utmost importance for our local issue and also Statewide, so that we build future developments on a history consistent with our Constitution.
Locally, this proposed development is centrally located on one of the last remaining parcels in Historic Downtown Sturgeon Bay. It is essential that Door County, an area entirely surrounded by shoreline and blessed with abundant natural resources, set a high standard by defending these parcels. Cases statewide will look to our resolution as support for or against ongoing or future development. It matters!
WHY A LAWSUIT
“The City has an affirmative constitutional duty to act consistently with the Public Trust Doctrine. By approving the transfer of the waterfront parcel for the Lindgren Hotel, the City is enriching one private developer at the expense of all citizens of Wisconsin.” said founding member Shawn Fairchild.
Questions about the City's authority to grant public land to a private developer have led to an in-depth investigation and lawsuit. This comes after a year of civil engagement by citizens in hopes of a different outcome.
"No one relishes the idea of a lawsuit, but we feel that we have no other recourse. The City has chosen, thus far, to be uncommunicative, unresponsive and nontransparent.” added Fairchild.
The MEA advised the City Council that under the State’s Public Trust Doctrine enshrined in the Wisconsin Constitution, “the rights of the public extend to all lands that were submerged lakebed at the time of Wisconsin statehood.” This includes artificially filled lakebed, regardless of how long the fill has existed.
According to MEA, at least two-thirds of the property intended to be sold to a private hotel developer sits on filled land that is below the Ordinary High Water Mark (OHWM) and is therefore public land.
In short, we believe the granting of deed and sale of this parcel to the developer without legislation is beyond the City's authority.
BE A DEFENDER OF THE CONSTITUTION. MAKE YOUR CONTRIBUTION NOW!
By donating today, you are taking action.
No donation is too small or too big. You may set up an automatic monthly payment towards this fund on this site. You can contribute confidentially in any of these four ways:
1. this Gofundme account
2. Sturgeon Bay Legal Defense Fund ( http://www.sblegaldefensefund.com/ )
3. Making a deposit at any Associated Bank into Friends of Sturgeon Bay Public Waterfront Fund
4. Mailing a check to:
Friends of Sturgeon Bay Public Waterfront
PO BOX 534
Sturgeon Bay, WI 54235
All four collections go to the same Friends of Sturgeon Bay Public Waterfront Fund. Donations are not tax deductible. This is a Federal Court case and attorneys fees may be awarded. Return of your donation is NOT guaranteed. Whenever possible, prorated portions of donations will be refunded. Thank you for taking action and defending your waterfront.
