Lighthouse patio case could be appealed

The Shawano County Board of Adjustment will meet with its legal counsel next week for the first time since a circuit court judge reversed the board’s decision on an after-the-fact variance for a concrete patio at the Lighthouse Pub in Wescott. The board will discuss options which could include taking the matter back to court on appeal. Shawano-Menominee County Circuit Court Judge William Kussel, Jr. found last month that the board did not adequately discuss what should have been key issues in the decision to deny the variance. He ruled the board had insufficient basis for the denial. The board’s attorney, John Bruce, would not comment Friday on whether he would recommend to the board that it file an appeal. “I don’t comment on pending litigation,” he said. Shawano County Corporation Counsel Tony Kordus said the Board of Adjustment is an independent entity that will make its own decision and the county is not involved with that. “I know it will be discussed, but I’m unaware of what they’ll decide to do,” he said. Several county supervisors at last month’s County Board meeting queried Kordus on whether the county could recommend that the Board of Adjustment not go forward with an appeal. Kordus said county officials could give input to the Board of Adjustment just like any other citizen, but the county has no authority over its decisions. Lighthouse owners Jeff and Tammy Stachowiak had been fighting an order to remove the patio since 2009 when their original request for an after-the-fact variance was denied. The Board of Adjustment had been court-ordered in April 2012 to explain the reasoning behind the 2009 denial. The board decided to start its review from scratch, hearing new testimony and visiting the Lighthouse property at W6440 Gumaer Road. In the end, however, they voted 3-2 in September 2012 to uphold the 2009 denial, sending the matter back to court. Kussel’s ruling overturning that decision last month also included an order that the board grant the variance. The Board of Adjustment will meet Thursday at 9 a.m. in the basement of the Shawano County Courthouse.