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Attractive Nuisance  Requested Article

5/19/2016

2 Comments

 
You can see that one person who read the recent post about Attractive Nuisance commented that it would be nice to read the actual article.  Here it is.

Daily News - 05/17/2016  

YOURVIEWS
No pit, no problem?
Many readers may know about the Scenic Pit and our very public legal battle with Richfield over the right to restore our abandoned mine by accepting clean fill. The DNR approved our WPDES Permit and the Wisconsin Supreme Court already ruled in 1996 “clean fill facilities are exempt from local approvals” (DeRosso Landfill Co. vs. City of Oak Creek).

​Officials at the village of Richfield have reached a new level of denial. Village Code Section 2637(12) states that the following is a public nuisance that affects public safety and health: “open pits, basements, wells and excavations. All open and unguarded pits, wells, excavations and basements.”

The Village Code also states how to enforce this section of the code. According to Section 263-4(A), “It shall be the duty of th e Washington County Sheriff or village law enforcement officer, the fire chief, the building inspector, and the Planning and Zoning Administrator to enforce those provisions …. and [make] inspections upon complaint …” I filed a complaint with the village because I have an open pit that is more than 29 acres, it is an attractive nuisance, it is eroding and the village is violating its own ordinances by not allowing me to correct this health-and-safety hazard in our community. Our case is at the Court of Appeals and I am confident the court will rule in our favor and we will be accepting clean fill, but in the interim, how do we make it safe?

The village’s response? “There is no open pit on your property.” They’re not taking any action despite their own ordinance requiring them to. I welcome you to visit us at the Scenic Pit and determine yourself if it’s a pit or not. We are located at 609 Scenic Road, Colgate, WI 53017.

What about private property rights?

Danah Zoulek Colgate
2 Comments
Stephanie
5/23/2016 08:11:04 pm

Thank you for posting this.

Reply
CK
6/13/2016 07:21:51 pm

The residents of Richfield have been fighting this for over a year. The pit has not had an accident, ever, to my knowledge and I have lived here for 23 years. Zoulek is only interested in turning the pit into a dump to make millions at the expense of the hundreds of residents that live around the pit.

The consequences of putting the dump right in the middle of a residential neighborhood would spell disaster for our community. The safety of our children and the environment would be at risk as well as our roads and quality of life for years to come.

We vehemently oppose Zoulek's quest to financially enrich herself while the rest of us suffer. Her misinformation on this subject and reprehensible behavior is disgraceful.

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