State Appellate Court Rules In Saratoga's Favor

4/19/2017 at 10:29 am

Many of you have heard the news about the State Appellate Court decision which recently was released in Saratoga's favor against the Wysocki organization. However, many are left wondering "What does it all mean?"  Here is our short version breakdown of information (minus all the lawyer lingo).

• 2012 Wysocki's applied for the building permit on the approx. 100 acre parcel off Highway 13 & Tower Rd, in the permit they noted 6300 acres they were hoping to utilize for agricultural crop lands

• Saratoga denied the building permit, 4 months later the town of Saratoga's zoning was passed

• In the meantime, Wysocki brought suit against Saratoga for denying the building permits indicating they had "vested rights" to the land since they applied for building permits prior to zoning

• Judge Eagon from Portage County sided with Wysocki forcing Saratoga to hand over building permits, Wysocki had not yet purchased the lands (purchase eventually occurred in Dec. 2015)

• Saratoga appealed to the State Appellate Court (Nov. 2015) regarding the 6300 acres and objecting to claims of "vested rights" to the proposed crop lands

• April 13, 2017 the State Appellate Court rendered its decision in Saratoga's favor stating although the Wysocki group had established vested rights to the initial 100 acres in which building permits were applied, they DID NOT have vested rights for the additional 6300 acres.

What this currently means is that the Wysocki's could attempt to move forward with the construction of the CAFO if granted proper permits through the WDNR. However, currently they can NOT use the 6300 acres spread throughout Sarataga to rid themselves of the massive amounts of manure the CAFO would produce.

WDNR personnel were contacted regarding the Appellate Court decision and stated if the Wysocki's could no longer use the Saratoga lands for manure spreading they would need to find alternate land and notify WDNR of such properties for the permitting process to continue.

In a nutshell, we are once again in a holding pattern with the Wysocki's as they have 30 days to decide if they will appeal the State Appellate Courts decision which would then bump the case up to the WI State Supreme Court.

Although this is not the end of our battle with the Wysocki's,  IT IS A HUGE WIN for our community. Supplied below are numerous links to media blasts and news reports regarding the announcement as well as the actual court documents.

Mega-dairy's future in question after ruling 
Channel 7 Report
Court of Appeals Decision dated and filed April 13th
Town of Saratoga Press Release