Dear Friends and Neighbors:
Over the past several months, the Richfield Village Board has continued its pattern of "lawless, irresponsible behavior" to the great detriment of the area residents they are suppose to be representing as local elected officials. The details are as follows.
A. Neighborhood Activity Center Ordinance — Lawsuit Now Being Considered By Our Attorneys.
FIRST, at their February 19, 2009 meeting, the Richfield Village Board ignored both the law and citizen-raised concerns when they approved a Neighborhood Activity Center (NAC) ordinance which was inconsistent with the village's 20-Year Smart Growth Comprehensive Plan. Many of those citizen concerns are discussed in the Highway J Citizens Group, U.A.'s (HJCG) attached public hearing comments presented to the village board during the public hearing on this NAC ordinance.
Perhaps, the most egregious legal violation committed by the Richfield Village Board was the fact that they now have approved a NAC ordinance which could allow gas stations, strip malls and big box retail stores to be built near the corner of Highway 164 and Q in direct contradiction to the village's "Smart Growth" Plan. On page 107 of this plan, it clearly states that "more intensive uses like gas stations, strip malls and big box retail are not consistent with a neighborhood activity center (NAC)." However, in the final approved version of Richfield's NAC Ordinance, both fuel service stations and buildings in excess of 15,000 square feet are allowed as "conditional uses" (i.e. what that means is the Richfield Village Board now has the power to approve these busy, traffic intensive business uses which are specifically prohibited by the "Smart Growth" Plan).
This week Thursday, March 5, 2009 the Richfield Plan Commission will be holding a public hearing to consider rezoning the 30 acres of property near the Highway 164/Q intersection from agricultural to "Neighborhood Activity Center District" which is the first step in allowing JBJ Development to begin building its intense commercial development project there. Please join us at this meeting to strongly oppose JBJ's rezoning request. This meeting begins at 7:30 PM and will be held in the Richfield Village Hall (4128 Hubertus Road — one mile east of the Highway 164/Hubertus Road intersection). For your convenience, I have attached a copy of the Richfield Plan Commission Meeting agenda here for your review (the public hearing related to JBJ's rezoning request is item #9 on this agenda).
The village board's illegal actions associated with its NAC Ordinance approval could form the basis of yet another lawsuit against the Richfield Village Board. They already are being sued twice for other illegal and improper acts committed last year. Please read below for further details on these two pending lawsuits which our citizens group is currently pursuing against the Richfield Village Board in Washington County Circuit Court.
B. Helsan Business Park Annexation — Lawsuit Filed by HJCG on February 18, 2009.
SECOND, at its November 20, 2008 meeting, the Richfield Village Board abruptly approved the annexation of the Helsan Business Park from the neighboring Town of Polk. Prior to its approval, the State Department of Administration (DOA) sent a letter to the Richfield Village Board strongly opposing this annexation because it constituted a noncontiguous "balloon on a string" configuration which the Wisconsin Supreme Court has long held to be illegal.
Area residents (including me on behalf of the HJCG) spoke out against this annexation and urged the Richfield Village Board to summarily reject it both for the reasons specified in the DOA's letter and also because such annexation was inconsistent with both the Richfield "Smart Growth" Plan and the recently-adopted Washington County "Smart Growth" Plan. In both of those "Smart Growth" plans, Richfield officials represented to the public that they had no plans, for at least the next 20 years, to annex any property from its neighbors (like the Towns of Polk, Erin and Hartford). For more details on these key issues, please see the attached HJCG public comments opposing this annexation which I presented to the Richfield Village Board at their November 20, 2008 meeting.
Despite these well-documented legal problems associated with this annexation, the Richfield Village Board (under the direction and recommendation of both Village Administrator Toby Cotter and Village President Diane Pedersen) unanimously approved this illegal annexation. Because many of our HJCG members are property owners and taxpayers in both the Village of Richfield and the Town of Polk, we have decided to take immediate legal action to protect our homes, families and communities in this matter.
On February 18, 2009, we filed a lawsuit in Washington County Circuit Court to reverse the Richfield Village Board's illegal annexation decision and return this business property to the Town of Polk. This case has been assigned to Judge Andrew Gonring and will be argued in the coming months. For more details on this lawsuit, please see the attached press release issued by our HJCG legal team along with the related news articles.
C. Highway 164 Speed Limit — Lawsuit Filed by HJCG on October 17, 2008.
THIRD, last year Richfield Village President Diane Pedersen again circumvented Richfield's 20-Year Smart Growth Comprehensive Plan by creating an Ad Hoc Committee to advise the village board as to what position it should take on the Highway 164 speed limit issue. What President Pedersen failed to understand is that the Richfield Village Board alre
ady had taken a position on the Highway 164 speed limit issue in its Smart Growth Plan — i.e. they emphatically stated in this plan that Highway 164 must have a uniform 45 mph speed limit to improve traffic safety for its residents.
Despite this unequivocal language in the village's Smart Growth Plan endorsing a 45 mph speed limit on Highway 164, the Richfield Village Board voted 3-2 to ignore that plan and instead support the Wisconsin Department of Transportation's (WisDOT) position to keep Highway 164's speed limit at an unsafe 55 mph. This vote occurred even though 100% of the citizen comments made both at the Ad Hoc Committee and during the Village Board Meeting supported the Smart Growth Plan's position of reducing Highway 164's speed limit to 45 mph. Furthermore, accident statistics have shown that, in the past, when Highway 164's speed limit was temporarily reduced to 45 mph, the number of accidents decreased by 76% and fatalities were reduced to zero.
To reverse this illegal decision and require consistency with the village's Smart Growth Plan, the HJCG filed a lawsuit against the Richfield Village Board in Washington County Circuit Court on October 17, 2008. This case has been assigned to Judge James Muehlbauer, and our attorneys are scheduled to meet with the judge on April 24, 2009, after which legal briefs will be filed by the parties. This lawsuit has received both statewide and local news coverage on WTMJ Channel 4 News (Speedbusters segment), WisPolitics.com, West Bend Daily News, Hartford Times Press and in The Country Today. Copies of this recent news coverage along with our attorney's press release are attached here to this e-mail for your review.
D. Please Generously Donate to the Highway J Citizens Group, U.A. — Let's Work Together and Win!
ONLY YOU can help us hold these arrogant, unresponsive government officials fully-accountable for their reprehensible conduct here (as described above), and in doing so, protect our homes, families and communities in this beautiful Kettle Moraine area of Southeastern Wisconsin. By winning these two recently-filed lawsuits described above, we will make sure that Richfield's Village Government becomes "a government of the people, by the people and for the people" once again. With your financial support (i.e. donations), we can achieve this laudable goal.
In addition to these two lawsuits now pending in Washington County Circuit Court, our citizens group continues its four-year long federal lawsuit to stop the Highway 164 four-lane expansion in both Washington and Waukesha Counties. In 2007, this federal lawsuit reached the United States Supreme Court, after which it was returned to the district court in Milwaukee for further proceedings on the substantive merits (will be discussed in greater detail in a separate e-mail update). Right now, our attorneys are filing legal briefs in this case which will lead to a major decision in May or June of this year. Your much-needed donations will help us continue pursuing this "one-of-a-kind" federal lawsuit and help us pay for the valuable services of our top-notch team of attorneys and experts who are "doing an outstanding job" representing us in this very important legal case.
Please generously donate, $10, $25, $50, $100, $250, $500, $1,000 or any other amount you are comfortable with to help us win these very important, precedent-setting lawsuits. Anyone who donates at least $100 within the next 30 days will receive a DVD copy of our recently-released Highway J Citizens Group, U.A. promotional video which explains, through on-camera interviews with our attorneys, elected officials and many of your neighbors, how the HJCG has become "A Powerful Voice for Positive Change" in our communities over the past ten years.
Please send your much-appreciated donations to us at: HIGHWAY J CITIZENS GROUP, U.A., P.O. Box 152, Hubertus, WI 53033 or donate online at www.hwyjcitizensgroup.org with a debit or credit card using our PayPal system established there for your convenience. IT'S NOW UP TO YOU! CAN WE COUNT ON YOUR SUPPORT TODAY? THANK YOU!
Most sincerely,
Jeff Gonyo,
HIGHWAY J CITIZENS GROUP, U.A.
P.O. Box 152, Hubertus, WI 53033
Phone: (262)-644-8334
P.S. If anyone would like to see copies of some of the specific legal documents associated with the three lawsuits referenced above, please let me know and I can e-mail them to you. Thanks again for your support!