Judge to rule on drainage dispute Wednesday

Font Size:
Default font size
Larger font size

RACINE — A Racine County Circuit Court judge will rule Wednesday on a request by officials from Racine County and the Town of Norway to stop a meeting of the Racine County Board of Drainage Commissioners.

Judge Richard Kreul postponed his ruling until 1:30 p.m. Wednesday, just hours before the drainage board is scheduled to meet and decide on a proposed annexation of more than 3,100 parcels of land into the Norway-Dover Drainage District. Most of the land lies in the Town of Norway.

Both sides of the drainage district dispute were in court Tuesday as well as some residents who are upset about the process and the proposal to annex their land and assess $1.4 million over the next five years to clean the area’s drainage canals.

Attorney Michael Piontek, who represents the drainage board, asked Kreul to allow the drainage board to hold its meeting and decide whether to move forward with the proposed annexation, as state law allows.

“It’s simply to assess (property owners) for the benefit of having the water drain through this canal and the tremendous cost that’s associated with keeping seven miles of this canal open,” Piontek said. “I honestly hope that for the next 50 years they don’t have to assess and so do they. They’re not interested in assessing. They’re interested in fairness and they’re trying to do the best they can to make this decision.”

In the fourth floor courtroom in the Racine County Courthouse, Paul Rothfelder sat a few rows behind the three men who have the final say on water drainage issues on his land near Wind Lake.

Rothfelder was in court Tuesday on behalf of 11 of his neighbors in the cul-de-sac where he has lived for the past seven years. He wanted to see what came of Racine County’s suit against the drainage board. Rothfelder and his neighbors are unhappy with the way that the drainage board operates, especially the fact that the members are not elected, he said.

“They’re absolutely loose cannons and since they don’t have to answer to anybody, what the hell?” Rothfelder said. “It’s criminal. Who is watching this?”

Attorneys for the county and the town both argued that the drainage board did not follow the proper process set forth by the state and did not give local officials and residents enough time to review the plan in order to know what was being proposed and how it would affect them.

Jeffrey Leggett, Racine County’s assistant corporation counsel, argued that the drainage board is acting prematurely, especially considering the fact that the proposed annexation would vastly increase the area that will come under the board’s control.

“The board argues that under the present statutory scheme that it supports significant autonomy and that court oversight is limited,” Leggett said. “We agree with that. It is all the more reason to make sure that the process works and the process under which the board is proceeding is in place.”

Following the court hearing, one of the drainage board members asked for equal time in the newspaper, but refrained from making a comment. Piontek, the drainage board’s attorney, said his clients might have a comment once the judge has ruled.

“They’re just good guys trying to do the right thing,” Piontek said after the hearing in the lobby of the courthouse.

If you go

WHAT: Public hearing on proposed annexation for Norway-Dover Drainage District

WHEN: 6 p.m. Wednesday

WHERE: Racine County Ives Grove complex, 14200 Washington Ave.

Editor’s note: Racine County asked the court to issue an injunction to stop Wednesday’s meeting. Since Circuit Court Judge Richard Kreul is not expected to rule until 1:30 p.m. Wednesday, The Journal Times printed the scheduled meeting time.

Print Email

Sponsored Links

 
Sponsored by: