Pond neighbors file suit
City of Delafield - Margaret Zerwekh's neighbors have filed a lawsuit in Waukesha County Circuit Court challenging a ruling by an administrative law judge that Zerwekh can remove the dam she owns on the Bark River near the corner of Main Street and Mill Road.
The lawsuit argues that Administrative Law Judge Jeffrey Boldt and the Wisconsin Department of Natural Resources failed to follow state laws and regulations and failed to protect the property rights of the homeowners by issuing a permit that allows Zerwekh to remove the dam.
The neighbors have objected to the dam removal, arguing that it will adversely affect the property values of their homes located along the millpond and deprives the city of a recreational asset.
A lawyer for the Department of Natural Resources predicted the lawsuit could delay the removal of the dam and the restoration of the Bark River "for months" and that it is rare for a circuit court judge to reverse a ruling by an administrative law judge.
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