DCPCUP-0000-00480 - Laserfiche WebLink

Home Browse Search

,• DCt L is& Kuwlth«u, s.c. MEMORANDUM ATTORNEYS AT LAW 1 1 1 East Kilbourn. Suite 1400 Milwaukee, WI 53202-3101 414-276-0200 MEMORANDUM IN SUPPORT OF MADISON LANDFILLS, INC. 'S REZONING PETITION AND CONDITIONAL USE PERMIT APPLICATION FOR THE PROPOSED LIBBY LANDFILL SITE I. STATEMENT OF FACTS. Madison Landfills, Inc. ("MLI") has been engaged at all times relevant hereto in the process of siting a solid waste disposal facility along Libby Road in the Town of Blooming Grove (the "Town") , Dane County, Wisconsin (the "Site") . Pursuant to Wis. Stat. § 144.44 (lm) (b) , MLI sent a written request to the Town regarding applicable local approvals. The Town did not pass a siting resolution under Wis. Stat. § 144 .445 (6) within sixty (60) days after receipt of MLI 's notice. On January 3, 1986, MLI petitioned the Dane County Board for rezoning (Petition No. 3599, the "Petition") and a conditional use permit (Application No. 480, the "Application") regarding the Site. The purpose of the Petition and Application is to allow the operation of a solid waste disposal facility on the Site. On April 29, 1986, several neighboring property owners to the Site filed a statutory protest to the Petition pursuant to Wis. Stat. § 59. 97 (5) (e) (5) (the "Protest") . One of the protesters was Robert Van Daalwyk. By correspondence dated January 29, 1992 , Robert Van Daalwyk withdrew from the Protest. On February 6, 1992 , MLI amended the Petition, thereby creating a three hundred foot (300 ' ) buffer around a portion of the Site to be rezoned, and adding a portion of Mr. Van Daalwyk's property to the Petition. On May 15, 1991, the Waste Facility Siting Board ("WFSB") ordered final offers of MLI and the Libby Landfill Negotiating Committee in the matter of arbitration between the parties pursuant to Wis. Stat. S 144 .445(10) . On August 12, 1991, both parties filed their final offers with the WFSB. On September 10, 11 and 12, 1991, the WFSB held a public meeting pursuant to Wis. Stat. § 144. 445(10) (o) . On November 7, 1991, the WFSB issued its arbitration award in which the WFSB accepted MLI 's final offer. II. MLI MAY AMEND ITS REZONING PETITION TO DEFEAT THE STATUTORY PROTEST FILED UNDER WIS. STAT. $ 59.97. Although Wis. Stat. § 59.97 has not been interpreted in the context of the affect of buffer zones on statutory protests, Wis.