Kewaunee judge oversees Iola sand mine case

IOLA – A new decision made by a Kewaunee County judge will send the Iola sand mine case into fall before any final decisions are made.
The proposed Iola sand mine on the Iola Car Show grounds has been a contentious issue for the area, namely the neighbors close to the mine who filed a lawsuit against the mine in an attempt to stop the project.
The neighbors to the proposed sand mine filed an appeal to the Board of Adjustments in Waupaca County last fall, after they upheld the decision made by the Planning and Zoning Board to allow for the Conditional Use Permit (CUP) for the sand mine.
The last judge in Waupaca County, Judge Vicki Clussman, made the decision to recuse herself from the case Feb. 19, this is after Judges Troy Nielson and Raymond Huber recused themselves last fall.
The CUP for the proposed sand mine on the car show grounds has been an ongoing issue since May 2023 when the Township of Scandinavia recommended a denial for the CUP to the Planning and Zoning Committee.

Last fall the Board of Adjustments heard over ten hours of testimony and public commentary, and after deliberations decided to uphold the decision to allow for the CUP.
Attorney for the plaintiffs, Christa Westerberg, then filed the appeal to the Board of Adjustments in reference to the decision they made Oct. 25 to allow the CUP.
Judge Jeffrey Wisnicky of Kewaunee County has taken the case and in his first ruling March 24 decided to allow Faulks Brothers to intervene in the appeal, which will allow them to provide testimony in the case.
The next deadline, according to court documents, is April 24 when all of the testimony and files from every Township of Scandinavia, Planning and Zoning Committee and the Board of Adjustments must be compiled and handed off to the Kewaunee judge.
The court records also state that the plaintiff’s brief is due by July 1, then the Faulks Brothers and the Board of Adjustments response is due by Sept. 2, then the plaintiffs reply to their response is due Oct. 1.
The proposed plot of land for the sand mine will remain untouched until the case is settled.