A circuit court judge on Monday dismissed a Wescott property owner’s harassment claim against the manager of the Shawano City-County Airport. Robert Mueller filed a court petition July 9 seeking a temporary restraining order and/or injunction against Clarence Schampers over a stand of trees Mueller had planted on property outside of the airport fence. Schampers removed the trees in November. Mueller said he had been given assurances by town of Wescott officials that the area outside the fence was township right-of-way and he could landscape the area to lessen the fence’s visual impact on the neighborhood. Mueller hired a landscaper in April 2012 to plant a stand of 10 trees between Gumaer Road and the airport fence. Mueller said the trees were worth about $2,700. In May 2012, Shawano County Corporation Counsel Tony Kordus sent a letter to Mueller informing him the trees were on airport property and had to be removed. Shawano-Menominee County Circuit Court Judge James Habeck told Mueller at Monday’s hearing that it would be “impossible from a legal standpoint” to grant a restraining order or injunction. “I don’t see how you can stop somebody from cutting trees on their own property,” Habeck said. Habeck said verbal assurances from individual town or county officials about landscaping carried no legal weight. “When it comes to real estate, you really need things in writing,” he said. According to Mueller, Town Chairman Mike Schuler and County Supervisor Gene Hoppe, who represents Wescott, both told Mueller he could landscape the area. Hoppe said Monday evening that Mueller was told he could plant grapevines to obscure the fence, but was never told he could plant trees. He also said Mueller was told before the fence went up in 2010 that the area outside the fence was airport property. Schuler said Mueller had discussed landscaping native plants with the town forester, but not trees. He also said he had no dispute over the area being claimed by the airport. “I have no dispute about anything,” he said. “It’s between (Mueller) and the airport.” Habeck said he sympathized with Mueller’s financial loss, as well as his attempt to beautify the area. “I believe you tried to make the area look better. It’s sad that that didn’t occur,” he said. However, Habeck said, the airport was within its rights to remove the trees. “In terms of whether they can do that, they certainly can,” he said. Mueller said after the hearing that he was disappointed but had no plans for any further action with the airport. “I feel like I went to a gunfight with a slingshot,” he said. “The worst part is these morons on the Airport Commission are going to feel empowered. They think they can do anything they want.” Kordus said Mueller’s case was “quickly and properly disposed of.” “The case had no business being brought,” he said.
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