WAUPACA, WI (WTAQ-WLUK) — A judge upheld a decision granting a permit for a sand mine at the Iola car show grounds.
The car show and Faulks Brothers Construction proposed to excavate sand and gravel on over 30 total acres of land for parking lots. Organizers of the car show backed the project as another revenue source to add financial stability for the show. Some neighbors raised concerns about the project, citing environmental and noise issues.
The Waupaca County Board of Adjustment granted a conditional use property for the non-metallic mine on 22 acres of land. It is expected to operate for 8-to-13 years, after which it would be returned to parking and farming.
Some residents sued, challenging the permit on multiple grounds. But in a 10-page decision, Kewaunee County Judge Jeffrey Wisnicky upheld the permit.
“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,” the decision states.
The ruling, issued Thursday, could be appealed.
