After having its plans for the controversial Stoney Point Housing Development denied by the La Crescent City Council three times (most recently during the Nov. 13 council meeting), La Crescent T-1 LLC has filed suit against the five members of the city council. The lawsuit was filed in Third District Court on Dec. 12, and made public during the city council’s Monday, Dec. 18 meeting.

According to city attorney William Von Arx, “official litigation has commenced and the city’s insurance handler will be providing an attorney” to address the issues brought forth by the lawsuit. “It would be inappropriate for the city council to discuss this matter in this setting,” he told the council.

In the summons, issued by James W. McNeilly, Jr. of the Lakelaw 7 Rivers Attorneys of La Crosse, his client -- La Crescent T-1 LLC -- alleges the local city council’s denial of the plat application for the Stoney Point Housing Development was “unreasonable, arbitrary, capricious, and contrary to law.”

The plaintiff requests that the court render its declaratory judgment:

-Determining that the city council’s denial of the preliminary plat for Stoney Point Addition already zoned residential as applied for by the plaintiff with respect to their real property was unreasonable, arbitrary, capricious, and contrary to law, and declaring said resolution denying said preliminary plat to be null and void and ordering the approval of said preliminary plat;

-Awarding the plaintiff their costs and disbursements herein;

-Granting such other and further relief as the court may deem just and equitable.

The third denial

The city’s third denial for the housing development took place when the council reviewed the planning commission’s most recent recommendation during the Nov. 13 city council meeting.

The planning commission reviewed a new preliminary plat for the housing development proposed to be located on the west bluff of La Crescent during a public meeting held Nov. 6. In a memo to the city council, the planning commission recommended the preliminary plat request be denied for the following reasons:

• Storm water ponds on hillside and at an elevation above existing homes pose a potential flood hazard from unusual rainfalls that normal homeowner’s insurance will not cover and would result in a hardship to the existing property owner and would negatively affect their property values.

• The existing storm water drains are now undersized by 50 percent in this area and any additional water will only overload the system even more.

• The resources of the city of La Crescent to maintain storm water ponds on hillsides that are difficult to reach would have a negative impact on the citizens as a whole.

After reviewing the planning commission’s memo, councilman Greg Husmann made a motion to accept the recommendation and not call for a public hearing and to deny the preliminary plat for the Stoney Point Addition. His motion was seconded by councilman Steve Bissen and unanimously approved.

Some history

During the past year, an ever-growing outcry against the proposed development on the west bluff overlooking the city has been heard. Over 100 persons, many standing in the hallway leading to the city council chambers, attended a planning commission meeting on June 27 to voice their opposition. Much of the opposition centered on the fact that the Stoney Point Development would occupy 53 of the total 346 acres draining into the current storm sewer system and would require five retention ponds to ensure the existing storm sewer system would not receive water at a rate higher than it is expelled.

At previous public meetings, residents owning property near the proposed development voiced concerns regarding retention ponds such as the lack of a homeowner’s insurance policy that covers damage due to the breaching or failure of a retention pond, safety concerns for children, the public health threat of potential mosquito breeding areas, the burdens of responsibility and cost caused by the ponds’ maintenance, and the issue of the ponds’ overall effectiveness.

Developer Ted Thompson has revised his plans several times in an attempt to bring the proposed development into compliance with existing zoning ordinances, and to address the concerns of neighboring property owners. To this point, however, the modifications have not resolved the retention ponds and run-off issues.