WKOW 27: Madison, WI Breaking News, Weather and SportsMoney, environment, legal rights at stake in lake home battle

Money, environment, legal rights at stake in lake home battle

MERRIMAC (WKOW) -- A village and a township are battling over a mansion on Lake Wisconsin.

It was built in the Township of Merrimac, but when the town pointed out several permit violations, the owner appealed to the village who annexed the property.

This case could go before the Wisconsin Supreme Court.

At stake are tens of thousands of dollars in tax revenue, the health of a lake, and the legal rights of townships across Wisconsin.

Township officials say it's not about the property tax money.

"The Town of Merrimac is very fortunate," said Richard Grant, Merrimac Town Chair. "We have a good tax base."

They say their decision to fight for David Gerry's $2 million house on Lake Wisconsin is all about principle.

"Here's a man who essentially broke the law, and we have a village that was willing to abet the crime by saying you know what, it was already there, we'll go ahead and take it," said Tim McCumber, Town of Merrimac Administrator.

The property is separated from the rest of the village by a 25-foot strip of land that falls in the township. The village attorney says that's close enough.

"It didn't seem like a very controversial issue when the village decided to agree to the annexation petition," said Mark Sewell, Village of Merrimac Attorney.

Plus, he says, the law is on the village's side.

"There's a very clear state statute that says the town cannot challenge these types of annexations," said Sewell.

That's what concerns township officials the most.

"If our legislators are going to deprive a municipality's right to appeal, what action will they take next to deprive a citizen's right to appeal?" asked Grant.

Environment is another concern. Town officials say the village is not enforcing the Shoreland Protection Act.

"Here we have a blatant violation," said McCumber. "We've seen the DNR chases these things all over the state, and for some reason this one's hands off."

The amount of that property that has been covered by concrete, asphalt, roofs, on and on, the ability for that parcel to absorb its own water...that's gone," said Grant.

In his annexation request, David Gerry asked to tap into the village's water and sewer system.

But because he's not connected to the village, the plumbing and pipes would have to cross that 25-foot strip of land.

Town officials estimate those services would cost $35,000 and would be paid by the home owner.

The home currently uses a holding tank, which needs to be pumped annually.