Letter to the Editor: Three Points

I. I am disappointed.

I am disappointed our City has not done a better job of officially communicating with the citizens regarding the federal lawsuit that has been filed against our City. Against “We the People.”

I understand the need for candor when a party is being sued. However, there is nothing to be gained by not truthfully and accurately informing the citizens regarding the basic facts of the federal lawsuit against our City. People need and deserve to fully understand what is going on. Please read on.

II. Who is suing our City, suing “We the People?”

The plaintiffs – Friends of the Sturgeon Bay Public Waterfront, Shawn Fairchild, Carri Andersson, Linda Cockburn, Russell Cockburn, Kathleen Finnerty and Christie Weber – bring this lawsuit against our City publicly proclaiming: “The suit seeks to have the court declare that the City-owned lands below the Original High Water Mark (OHWM) belong to the public under the Public Trust Doctrine. This will clarify that the title to the parcel is defective.” Therefore the property cannot be sold to a private developer.

III. Why is our City being sued in Federal Court?

The answer is truly convoluted and complex.

This federal lawsuit is based upon a “theory” that the plaintiffs 14th Amendment due process rights will be violated if the City proceeds to sell the parcel for the proposed hotel to the developer, Bob Papke. Yes, the plaintiffs allege their civil rights will be violated.

This case does not belong in federal court despite what the plaintiffs and their supporters, the “No Big Dumb Hotel” crowd, publicly state. The oral arguments scheduled for Jan. 8, 2016, before Federal Judge Griesbach, will have nothing whatsoever to do with the Court determining anything related to the OHWM or the Wisconsin Public Trust Doctrine. The oral arguments will focus solely on whether this case has any standing in Federal Court. This will require the plaintiffs to convince the court their civil rights will be violated if the City proceeds to sell the hotel parcel to Bob Papke. Anyone or any group that has stated support for this baseless lawsuit against our City apparently agrees with the “theory” that the plaintiffs’ “civil rights” will be violated by the sale of the subject West Waterfront property.

This “No Big Dumb Hotel” crowd continues to damage our city. As is typical of the “silent majority,” most sit quietly while the vocal opposition endlessly regurgitates their false messages and pretends to represent what is best for all of us.

Five sitting duly elected members of our Common Council have approved the overall concept for the very much needed redevelopment of our Westside Waterfront. Yet a true handful of singularly focused vocal citizens have been able to hold the entire process up while portraying themselves as well intentioned do-gooders. The majority of us know they are not, however, we have politely accepted their right to disagree without any meaningful push-back. It is time “We the People” push back. I personally intend to continue to do so.

John R Yount II

Sturgeon Bay, Wis.