Oconto and Marinette counties have agreed to purchase six lots adjacent to the landfill they share, after the property owners filed suit against the counties, claiming the smell and look of the landfill hurt their business and deterred sales of the lots to private parties.
The MarOco Landfill, jointly owned by Oconto and Marinette counties, will use $250,000 in reserve funds to purchase the lots from Charles and Colleen DeSmidt, owners of DeSmidt’s Golf Course and Country Club. The lots are located in Fairway Estates and border the landfill on Shaffer Road, Crivitz.
The DeSmidts filed suit in Oconto County Court on July 20, 2011. They claimed the unsightly blowing and exposed trash and offensive odors from the landfill caused a drop in their golf course business and prevented buyers from purchasing lots in their residential subdivision.
The case was moved to U.S. District Court on Aug. 19, 2011. A Green Bay attorney met with both parties Aug. 27 to mediate an agreement.
According to the agreement, the purchase of lots 6-11 is subject to several restrictions. No development is allowed on the lots, except for litter fencing and monitoring wells, and no logging is to occur, except for maintenance after a natural disaster. In addition, the DeSmidts have a buy-back option if the landfill closes and lots are sold.
According to John Lefebvre, director of the landfill, the agreement is beneficial because the property becomes an asset of the landfill. With fewer neighbors, fewer private wells will need to be monitored, he added. The landfill is expected to remain in operation for 20 years.
The Oconto County Board met in closed session for about an hour before voting to accept the settlement. Lefebvre said supervisors had never been briefed on the case, and it took time to present the background information. Supervisors approved the settlement with a 29-2 vote on Sept. 19. David Christianson and Ron Korzeniewski voted no.
Marinette County approved the settlement Sept 17.
Wisconsin County Mutual Insurance Corporation, which provides liability coverage for the county, was responsible for legal fees.
Also on Sept. 19, Oconto County supervisors approved landfill administration and operation budgets for 2014, which included expenditures of $927,400 and anticipated revenues of $941,000.
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