RESOLUTION APPROVING CHRISTMAS MOUNTAIN LITIGATION SETTLEMENT

Committee Status: 
Approved
Budget Status: 
No Fiscal Impact
Decision Impact: 
Significant
FTE Impact: 
No
Funding Source: 
Other (see budget status)

Purpose

resolve by settlement 4+ year-old litigation

Background

Sauk County issued a conditional use permit for a camping facility in the Town of Dellona near Lake Delton in 1997 now generally known as Christmas Mountain. In 2014, Sauk County zoning staff observed and recorded multiple violations of the Sauk County Code at the site. Based on the violations, Sauk County thereafter revoked the existing zoning approvals for the camping facility.

 

In 2015, the owners/users of many of the campsites sued Sauk County to challenge the permit revocation and related matters. That litigation is ongoing as Sauk County Case No. 2015-CV-401.

 

The litigation involves a parcel of real estate located in a Recreation Commercial zoning district. It contains 92 recreational vehicle campsites.

 

After extensive negotiations, Sauk County and the plaintiffs have reached a tentative agreement that would resolve all claims which are or might have been the subject of the litigation, upon the terms and conditions set forth in the attached Settlement Agreement as Addendum A.

 

The agreement was reached with the assistance of legal counsel of Sauk County and the county’s insurer. The Sauk County Corporation Counsel, the Land, Resources and Environment Department and the attorney for the county’s insurer support and recommend approval of the proposed agreement.

Resolution Files: 
Microsoft Office document icon Christmas Mountain Litigation Settlement Resolution

Resolution Body

NOW, THEREFORE, BE IT RESOLVED, by the Sauk County Board of Supervisors, met in regular session, that settlement of the pending litigation between the plaintiffs and Sauk County in Sauk County Case No. 2015-CV-401 is approved and the County Board Chair is authorized to execute a settlement agreement on behalf of Sauk County in accordance with the approved terms.

 

For consideration by the Sauk County Board of Supervisors on December 17, 2019.

 

Respectfully submitted,

 

EXECUTIVE & LEGISLATIVE COMMITTEE

 

 

_________________________________                  _________________________________

peter vedro, Chair                                              WILLIAM HAMBRECHT

 

 

_________________________________                  _________________________________

WALLY CZUPRYNKO                                           THOMAS KRIEGL                          

 

 

_________________________________                 

DAVID RIEK

 

Fiscal Note:  If rejected: Potential financial damages award against Sauk County. If approved:  Potential damages claims by plaintiffs are waived and corresponding risk to Sauk County is eliminated.

MIS Note:   No information systems impact

Requested Board Review Date: 
Tuesday, December 17, 2019
Return to Top