Northern Ozaukee School District Land Dispute
“Kendall has big education on one side and a big developer on the other side, and everybody wants to “screw” Kendall Thistle”
-Paul Moore
“Paul doesn’t think that’s fair, Paul feels everyone is ganging up on one land owner. That concerns Paul because he feels when is it going to be him.”
-Paul Moore
Public statements taken from the NOSD board minutes on October 12, 2009. Paul Moore is a former NOSD school board member and Iraq war veteran.
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Hello,
The following information is of a story that might be of interest to you.
The Northern Ozaukee School District (NOSD) located in Fredonia, Wisconsin, Ozaukee County, filed a civil lawsuit against its neighbors, Kendall and Carla Thistle, in February 2011. Kendall Thistle is also a member of the school board.
The Thistles constructed a berm on their property which is adjacent to the School District property. A pond formed in front of the berm, and the District paid $7250 to dig a ditch to direct the excess storm water into an existing retention pond.
The dispute is whether the excess storm water was the responsibility of the District because it cut a deal with the developer of a large residential subdivision that adjoins the District property on the other side in which the District agreed to accept excess storm water from the development in exchange for additional land; or whether the Thistles construction of the berm was unreasonable. The District claims the storm water it bargained for should flow through and flood the Thistle property, rather than going to a six acre storm water detention pond designed and built specifically for the new development.
Initially, this did not seem to be much of a story; after all, who can afford to litigate over $7,250? The events of this case are surprising. There have been numerous court appearances over this and it would seem as though the District has been stonewalling and refusing to turn over public documents. After more than 20 months from the date of filling, there is a court order for the District to turn over requested information.
It turns out, according to documents, the District has spent over $221,767 of taxpayer money (general funds primarily used for the educational purposes of the children) on legal fees for a “land dispute.” Additionally, the District's law firm has discounted a total of $43,692 rendering the total legal services over $265,460 before going to trial. This is the same legal firm of Godfrey & Kahn whose representative John Haase estimated that costs for filling a suit at $25,000/$30,000. Chris Smessaert, district attorney, believes "It's not simply to recover some money. Even if it was, that's the district's prerogative. It's to seek removal of the berm." It seems that Mr. Smessaert has no reservations about spending taxpayer money that is being taken directly out the educational funds of the students.
Not sure what's going on, but it seems newsworthy that a school district that is strapped for funds and cutting services to students can afford to spend over $200,000 to recover $7,250. A couple of years ago, this District ended the fiscal year in the hole (-$0) in their fund balance. This past October (2014) the District raised the school tax on its residents by nearly $500,000. Lack of revenue was the main reason cited by Superintendent Blake Puess and Board President Paul Krause.
This appears to be more than just another case of wasteful Government spending. Possibly this is a case of big Government abusing the unlimited tax payer funds to force its will on the average citizen. According to some earlier news articles (March and April, 2007), it looks as if the Thistles have been fighting this issue for more than 8 years.
In May of 2014, The Northern Ozaukee School District filed for and was granted a dismissal of their law suit against the Thistles. In the following months, the District continued to spend additional funds ($55K) in trying to avoid paying statutory costs. The total cost of legal fee's billed to the Northern Ozaukee School District topped $275,000 for a case the school board decided to drop. That is real money taken away from the NOSD children's education.
Provided, are a portion of the documents and information acquired. More additional information will be provided as it comes available.
It seems odd that the Grounds Administrator, Roger Sinnen, said himself that the fault lies with Mastercraft subdivision after NOSD filed the lawsuit. Below are images from a document depicting Sinnen's admission (full document on "NOSD Officials Struggle to Suppress Evidence" page).
The following information is of a story that might be of interest to you.
The Northern Ozaukee School District (NOSD) located in Fredonia, Wisconsin, Ozaukee County, filed a civil lawsuit against its neighbors, Kendall and Carla Thistle, in February 2011. Kendall Thistle is also a member of the school board.
The Thistles constructed a berm on their property which is adjacent to the School District property. A pond formed in front of the berm, and the District paid $7250 to dig a ditch to direct the excess storm water into an existing retention pond.
The dispute is whether the excess storm water was the responsibility of the District because it cut a deal with the developer of a large residential subdivision that adjoins the District property on the other side in which the District agreed to accept excess storm water from the development in exchange for additional land; or whether the Thistles construction of the berm was unreasonable. The District claims the storm water it bargained for should flow through and flood the Thistle property, rather than going to a six acre storm water detention pond designed and built specifically for the new development.
Initially, this did not seem to be much of a story; after all, who can afford to litigate over $7,250? The events of this case are surprising. There have been numerous court appearances over this and it would seem as though the District has been stonewalling and refusing to turn over public documents. After more than 20 months from the date of filling, there is a court order for the District to turn over requested information.
It turns out, according to documents, the District has spent over $221,767 of taxpayer money (general funds primarily used for the educational purposes of the children) on legal fees for a “land dispute.” Additionally, the District's law firm has discounted a total of $43,692 rendering the total legal services over $265,460 before going to trial. This is the same legal firm of Godfrey & Kahn whose representative John Haase estimated that costs for filling a suit at $25,000/$30,000. Chris Smessaert, district attorney, believes "It's not simply to recover some money. Even if it was, that's the district's prerogative. It's to seek removal of the berm." It seems that Mr. Smessaert has no reservations about spending taxpayer money that is being taken directly out the educational funds of the students.
Not sure what's going on, but it seems newsworthy that a school district that is strapped for funds and cutting services to students can afford to spend over $200,000 to recover $7,250. A couple of years ago, this District ended the fiscal year in the hole (-$0) in their fund balance. This past October (2014) the District raised the school tax on its residents by nearly $500,000. Lack of revenue was the main reason cited by Superintendent Blake Puess and Board President Paul Krause.
This appears to be more than just another case of wasteful Government spending. Possibly this is a case of big Government abusing the unlimited tax payer funds to force its will on the average citizen. According to some earlier news articles (March and April, 2007), it looks as if the Thistles have been fighting this issue for more than 8 years.
In May of 2014, The Northern Ozaukee School District filed for and was granted a dismissal of their law suit against the Thistles. In the following months, the District continued to spend additional funds ($55K) in trying to avoid paying statutory costs. The total cost of legal fee's billed to the Northern Ozaukee School District topped $275,000 for a case the school board decided to drop. That is real money taken away from the NOSD children's education.
Provided, are a portion of the documents and information acquired. More additional information will be provided as it comes available.
It seems odd that the Grounds Administrator, Roger Sinnen, said himself that the fault lies with Mastercraft subdivision after NOSD filed the lawsuit. Below are images from a document depicting Sinnen's admission (full document on "NOSD Officials Struggle to Suppress Evidence" page).
Overview of Wetland Area | |
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Recently, local media has taken interest in this case. Please check out the media coverage we have gotten so far!
This is a link to the Milwaukee news Fox 6 reporting (July 2014):
http://fox6now.com/2014/07/27/ozaukee-school-board-blows-167000-over-8000-drainage-fix/
This is a link to The Ozaukee Press article (July 2014):
http://ozaukeepress.com/component/content/article/49-feature-1/5553-judge-dismisses-nosd-lawsuit-against-fredonia-property-owner
This is a link to the The Milwaukee Journal Sentinel article:
http://www.jsonline.com/news/education/fight-over-berm-turns-costly-for-northern-ozaukee-school-district-b9956834z1-217019121.html
This is a link to the Milwaukee news Fox 6 reporting (August 2013):
http://fox6now.com/2013/08/25/battle-brewing-as-fredonia-school-district-sues-school-board-member/
This is a link to The Ozaukee Press article (October 2013):
http://ozaukeepress.com/fredonia/4690-nosd-levy-pushes-tax-rate-up-8
This is a link to the Milwaukee news Fox 6 reporting (July 2014):
http://fox6now.com/2014/07/27/ozaukee-school-board-blows-167000-over-8000-drainage-fix/
This is a link to The Ozaukee Press article (July 2014):
http://ozaukeepress.com/component/content/article/49-feature-1/5553-judge-dismisses-nosd-lawsuit-against-fredonia-property-owner
This is a link to the The Milwaukee Journal Sentinel article:
http://www.jsonline.com/news/education/fight-over-berm-turns-costly-for-northern-ozaukee-school-district-b9956834z1-217019121.html
This is a link to the Milwaukee news Fox 6 reporting (August 2013):
http://fox6now.com/2013/08/25/battle-brewing-as-fredonia-school-district-sues-school-board-member/
This is a link to The Ozaukee Press article (October 2013):
http://ozaukeepress.com/fredonia/4690-nosd-levy-pushes-tax-rate-up-8