For immediate release August 27, 2015
Contact: Kathleen Finnerty, (920) 333-0185 Shawn Fairchild, (920) 493-1894 Dan Collins, (414) 397-1921
Sturgeon Bay Public Waterfront Fund Established to Defend Public Rights to Filled Shoreline Friends of the Sturgeon Bay Public Waterfront has formed and has created a fund to defend Midwest Environmental Advocates’ (MEA) assertion that the proposed Lindgren Hotel, a private enterprise on Sturgeon Bay’s Westside Waterfront, is being built on land that legally belongs to the public. In an unanswered letter addressed to Mayor Thad Birmingham and Members of the Common Council dated June 23, 2015, MEA writes that under the State’s Public Trust Doctine, “The State Constitution establishes that the rights of the public extend to all lands that were submerged lakebed at the time of Wisconsin statehood.” According to MEA, approximately two-thirds of the property intended to be sold to the hotel developer sits on filled land that is below the Ordinary High Water Mark (OHWM) and is, therefore, public land. In a Frequently Asked Questions document outlining the Friends’ concerns, the issue is explained in the following way: “Q: There has been commercial development on this land for a long time; why is development a problem now? A: The City recently reclaimed ownership of this public filled lakebed land (and)… as a governmental entity, the City has a duty to protect public rights under Wisconsin’s Constitution, and should not seek to justify its actions based on prior uses. By way of example, if a museum comes into possession of a stolen painting, the incontrovertible right thing is to return the property to the rightful owner.” Kathleen Finnerty, one of the founding members of the Friends group, explains that “the Public Trust Document was created and has been used for over a century to protect all of us. Without it, ‘land grabs’ by private developers would go unchecked and would eat up some of the most valuable land in our state.” Shawn Fairchild, another founding member adds, “No one relishes the idea of a lawsuit, but we feel that we have no other recourse. The City has chosen, thus far, to be uncommunicative, unresponsive and nontransparent.” The group has chosen Wheeler, Van Sickle and Anderson, S.C. law firm of Madison, Wisconsin, to handle the legal action. They are considered to be the best in the state on the topic of water law and have a proven track record on cases similar to the one facing the Sturgeon Bay community. Friends of the Sturgeon Bay Public Waterfront is accepting contributions to offset the legal fees it will incur, which are expected to be approximately $80,000. The group has raised $41,000 to date. A letter asking for support states, “We are actively looking for 39 additional champions to step forward and pledge $1,000 each in the
next 14 days.” Finnerty thanks all who have provided support already and stresses that gifts of any size are appreciated. “Many small gifts show an important breadth of support and reflect people’s love of our waterfront.” More information about the legal effort as well as a link to the MEA letter and supporting documents may be found on the Door County Daily News and Door County Advocate websites. Contributions will be kept anonymous, if desired, and may be sent to the Sturgeon Bay Waterfront Fund, P.O. Box 534, Sturgeon Bay, WI 54235. or use PayPal to send your donation to sbpwfund@earthlink.net. Questions regarding contributions may be addressed to Kathleen Finnerty at finnertykathleen29@gmail.com.