On 04/11/2023
The case was assigned to a three-judge panel and submitted on the briefs without oral argument.
On 12/27/2022
The Lake Superior Not for Sale document Amicus Brief submitted electronically to the Supreme Court/Court of Appeals for case number 2022AP001241 (Kristle Majchrzak v. Bayfield County) was received and associated with the case.
On 07/25/2022
Kristle KLR appealed the Circuit court decision.
On 06/10/2022
Judge Bittner affirmed the Bayfield County BOA decision denying Kristle KLR's water bottling proposal.
Updated 07/25/2022
Kristle KLR appealed the circuit court decision. Constituencies/concerned parties are able to participate at this point by submitting friends of the court briefs (Amicus Curiae). Please reach out to notforsaleboard4@protonmail.com if you are interested in more information on how to participate.
UPDATED 06/10/22
The Bayfield County BOA decision denying Kristle KLR’s water bottling proposal was affirmed by appeal court Judge Bittner.
CONCLUSION
The Bayfield County Board of Adjustment’s decision denying the petitioners’ conditional use permit application is affirmed because the BOA (1) kept within its jurisdiction since the concurrent exemption did not apply; (2) proceeded on a correct theory of law in its finding that the CUP application did not describe a permissible land use; (3) its action was not arbitrary, capricious, oppressive, or unreasonable because it was based on substantive concerns outlined in the zoning ordinance; and (4) the board reasonably made that determination based on the evidence presented.
Thus, the petitioners’ petition for a writ of certiorari is denied.
THIS IS A FINAL ORDER FOR PURPOSES OF APPEAL.
UPDATED 8/26/21
The Bayfield County Board of Adjustment upheld the Bayfield County Zoning decision and unanimously denied Kristle KLR's appeal on 8/26/2021. Kristle KLR proposes to start storing and trucking artesian water from two properties zoned Recreational Business and Residential property in Herbster, Wisconsin. Their legal team made many threats, and stated to the Ashland Daily Press reporter that they will appeal this decision to the circuit court.
During the meeting, the Town of Clover lawyer Max Lindsey, Lake Superior NOT For Sale lawyer Adam with Midwest Environmental Advocates, and community attorney Ed Gruhl supported the Bayfield County Zoning decision and encouraged the BOA they had the authority to uphold the decision. There were 1,692 letters of opposition and 1 in support of Kristle KLR. There was a public hearing and people were able to share their comments.
Resolutions passed against Kristle KLR: The 1854 Treaty Authority, The Red Cliff Band, LCO, The Chippewa Federation, & The Town of Bell.
We will continue to oppose Kristle KLR. Join us in uniting to protect the water by sharing updates, volunteering, and donating.
UPDATED 7/29/21
The BOA meeting July 29th at 9AM set procedure (as anticipated) and a timeline for briefs to be submitted and responses to be submitted.
Who is Kristle KLR?
At the Bayfield BOA hearing, Bob Safford of Boundary Waters Brands consulted with the Kristle KLR attorney before, during, and after the meeting. Bob passed messages and consulted with Kristle during the meeting.
Kristle Klr Llc has a registered NCAGE Code for doing business with international governments. NATO Commercial and Government Entity Code 8JDY8 was created on 2020-04-07 18:49:54 with the details below. https://cage.report/NCAGE/8JDY8
Rasethnu Jenkins is the a registered agent for Kristle KLR https://www.bizapedia.com/mn/kristle-klr-llc.html
A brief background summary
Kristle KLR owner Kristle Majchrzak applied for a Conditional Use Permit for her private property and her father's adjacent private property zoned Residential-Recreational Business in The Town of Clover (Herbster), Wisconsin. Publically she stated she wants to harvest artesian water. Her proposal describes capturing the water, storing the water, trucking the water to Superior, Wisconsin, and bottling water for sale in the Twin Cities (and beyond if successful). Kristle lives in Duluth, Minnesota.
The artesian water from Kristle's property flows into the Bark Bay Slough and Lake Superior's Bark Bay.
Herbster, Wisconsin is Ceded Territory. Click here to learn more about Ceded Territory.
The proposal does not fit with the Town of Clover (Herbster) plan “Businesses compatible with the goals of the community include those that won’t impact aesthetics, noise, increase traffic significantly, and those that provide services needed in the community.” The Town of Clover Board unanimously voted no because the proposal does not align with the town plan and every community comment was against approval. The proposal was considered at the Bayfield County Planning and Zoning Commission meeting. Click here for a video recording of the meeting. The Planning and Zoning Commission consider 17 criteria (including community comments, the town plan and town board decision, zoning infractions, the county plan, etc.) before making a decision. They unanimously voted no; they based their decision on the proposal not meeting any of the 17 decision making criteria.
Kristle KLR appealed to the county Board of Adjustment, a quasi-judicial board, in mid-May 2021. She has legal representation and is asking new evidence be considered. The Bayfield County Board of Adjustment meeting is scheduled at 9AM on July 29th, 2021. Click here for the agenda.
Kristle KLR has a registered NCAGE Code for doing business with international governments.