Special Meeting Minutes | November 27, 2023

The town board of the Town of Cedar Lake met on Monday, Nov. 27th, 2023 at 10:00 AM at the Cedar Lake Town Hall in Mikana. Present was Ken Leners, Chairman, Supervisors, Kory Weiss & Mary Hele, Clerk Maryhelen Drew, Treasurer. No other people attended.

The purpose of this special meeting was  to approve orders for the removal of obstruction in case of encroachment per Wis. Stat. 86.04 to property owners of Island of Happy Days and Pines at the Lake.

John Rupp from the Island of Happy Days had created an encroachment on the landing at Hwy. 48 and V . He had been told at the meeting on November 13th, 2023 to remove the obstacles. At this time there are still obstructions in the town’s ROW.

Ken and Kory had met with an employee of John Rupp’s and the Island on the ROW and measured the area noting items still on the ROW.

This meeting was scheduled with a courtesy notice to John Rupp and Mike Klutho to make them aware. As neither person was able to attend, they sent emails regarding their views of this situation.

As all of the landing had been surveyed and discussed with an Attorney at Wiley Law Firm, April 2021, the Board did not feel that the board should make any legal decisions regarding this issue.

There followed some discussion with Ken suggesting that, under the guidance of the Wisconsin Towns Association  and pursuant to Wisconsin statutes, a letter should be sent to parties encroaching on town right of way.  This letter orders the removal of all obstructions within the Town’s right of way within 30 days from the service upon receiving a copy of this order.

Kory made the motion to send a letter to all adjoining landowners directing the removal of all obstructions in the town right of way, by certified mail. Mary seconded his motion. No discussion. Roll call vote: Ken, yes: Kory, yes: Mary,  yes.

Ken made the motion to adjourn the meeting. Kory seconded and all approved. (10:45)

Posted 48 hours prior at Red Cedar Country Store, Cedar Lake Grill, Town Hall and Bear Trap Inn.

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