County runs out of judges

IOLA – Judge Vicki Clussman officially recused herself as of Feb. 19 from presiding over the most recent appeal in the Iola sand mine case.
Judge Clussman was the last judge in Waupaca County after Judge Troy Nielson and Judge Raymond Huber also recused themselves last fall, which means the appeal will be heard in court in a neighboring county.
This is the latest in the case involving the approval of a conditional-use permit (CUP) for a proposed sand mine which would be located on the Iola Car Show property.
The CUP for the proposed sand mine has been in question since May of 2023, when the Township of Scandinavia recommended a denial for the CUP.
There have been multiple appeals since then from both sides, the sides including the neighbors to the mine as well as the Faulks Brothers, who would be mining the sand pending CUP approval.

This past fall the appeal landed on the desks of the Waupaca County Board of Adjustments, where they held a public hearing on Oct. 21 that lasted over ten hours, hearing testimony from lawyers and experts on both sides as well as public commentary also from both sides.
The appeal in question was filed after Oct. 25 when the Board of Adjustments met to deliberate on whether or not to allow the CUP. It was filed by Christa Westerberg who represents the homeowners that reside next to the proposed site for the sand mine,
Westerberg said this appeal is directed to the Board of Adjustments to appeal the decision they made Oct. 25 to allow the CUP.
Westerberg said it is common in land use cases for judges in said county to recuse themselves or be substituted, because they often know the government officials or parties involved.
A new county and judge have not yet been assigned.