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Town of Beloit to appeal Coon Creek ruling

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ANN MARIE AMES
May 19, 2010
— The town of Beloit will appeal Rock County Judge James Welker's ruling that the town acted arbitrarily when it revoked a sportsmans club's conditional-use permit.

The town board on Monday voted unanimously to direct attorney William Henderson to file an appeal with the District 4 Court of Appeals.


The board met in closed session before voting.


"We are going to try and show it was reasonable and followed proper procedure," Henderson said.


The town is waiting for Welker's findings to be filed in circuit court and will have 30 days to file the appeal after that, Administrator Bob Museus said.


Welker on April 29 ruled in favor of Coon Creek Sportsmans Club, 4605 St. Lawrence Ave., in Beloit Township. The club is west of the city of Beloit and offers private or guided game bird hunts.


The club sought an injunction against the town after board members in January voted to pull the club's conditional-use permit. The town filed its own injunction, but Welker in February ruled against that injunction.


The town first approved a conditional-use permit for the business in 2007. At the time, Museus said the permit was required because Coon Creek is a commercial business that operates in an agricultural zone.


In September 2007, the business' clubhouse was destroyed by fire. The property owner built a new shed that was to be used for agricultural purposes.


The town board renewed the permit in 2008.


In 2009, Coon Creek manager Mike Toubl was cited for failing to comply with zoning ordinances when officials determined the new building was being used for a clubhouse. Toubl paid the fines, but the board pulled the permit.


In April, Welker reversed the revocation and called the town's actions arbitrary, capricious and arrogant.



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