≈glennstoddard@gmai1. corn
Tuesday, November 18, 2008
for immediate release
Contact:
Glenn Stoddard, Attorney for Concerned Chippewa Citizens
(715) 864-3057 or (715) 852-0435

Chippewa Falls, WI-A new group called Concerned Chippewa Citizens announced today that it had filed a lawsuit challenging the Conditional Use Pennit that was recently approved by the City of Chippewa Falls Plan Commission, for a large new sand processing plant proposed by Canadian Sand & Proppants, Inc. (CSP), in the City of Chippewa Falls, Wisconsin.
According to Attorney Glenn Stoddard of Eau Claire, who represents the group, "the lawsuit will result in court review of the City of Chippewa Falls Plan Commission's October 27th decision to approve a Conditional Use Permit requested by CSP for its proposed sand processing plant."
Stoddard said the lawsuit, which was filed on Friday, November 14th, raises four legal claims concerning the Plan Commission's action:

"The first claim in the suit is that the Plan Commission acted outside its jurisdiction when it approved CSP's request to exceed maximum building and structure heights in the heavy industrial zoning district. Under the Wisconsin Statutes and the City Code, this is a decision that can only be made by the Board of Appeals-not the Plan Commission-and then only if certain legal requirements can be met by the applicant, " said Stoddard.

"The second claim in the suit is that the Plan Commission acted on an incorrect theory of law because it failed to address whether CSP's proposed sand processing plant would be in harmony with the general purpose and intent of the City Code and in accordance with other specific City Code provisions that were enacted to protect public health and safety and ensure that any such approval is not contrary to the public interest," according to Stoddard.

"The third claim is that the Plan Commission' s decision to approve the Conditional Use Permit was arbitrary and unreasonable, because it failed to make required findings of fact and conclusions of law and did not set forth its reasoning for the approval," said Stoddard.

"The final claim in the lawsuit is that the Plan Commission's decision was obviously biased in favor of CSP ," which is illegal under Wisconsin law according to Stoddard.

The lawsuit requests the court to void the Conditional Use Permit and issue a stay or restraining order prohibiting the Plan Commission and the City of Chippewa Falls from issuing any further or related approvals, variances or permits of any kind to CSP while the case is pending in court.
In addition, the lawsuit requests that the Plan Commission' s decision be remanded back to it for reconsideration only if the City of Chippewa Falls is required to appoint a new and unbiased Plan Commission, and submit any related variance requests to the Board of Appeals instead of the Plan Commission.
The group has also requested that the court require the City to pay their statutory attorney fees and costs, and award such other relief as the court deems just and equitable. Stoddard said the lawsuit has been assigned to Chippewa County Circuit Judge Roderick A. Cameron, and was served on the City on Friday, November 14th. He said the City Plan Commission has 45 days from that date to file an answer. He also said CSP may seek to intervene as a defendant in the case on the side of the Plan Commission.
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