Lauer Farms v. Waushara Cty. Bd. of Adjustment

• Citation: 986 F.Supp. 544
• Decision Date: 25 November 1997
• Docket Number: No. 95-C-402.,95-C-402.
• Parties: LAUER FARMS, INC., Patrick Lauer and Michael Lauer, Plaintiffs, v. WAUSHARA COUNTY BOARD OF ADJUSTMENT, Defendant.
• Court: U.S. District Court — Eastern District of Wisconsin

986 F.Supp. 544

LAUER FARMS, INC., Patrick Lauer and Michael Lauer, Plaintiffs, v. WAUSHARA COUNTY BOARD OF ADJUSTMENT, Defendant.

No. 95-C-402.

United States District Court, E.D. Wisconsin.

November 25, 1997.

COPYRIGHT MATERIAL OMITTED

DECISION AND ORDER

CALLAHAN, United States Magistrate Judge.

Background

This action was commenced with the filing of the plaintiffs' complaint, which was shortly thereafter followed by an amended complaint. In their amended complaint the plaintiffs (Lauer Farms, Inc., Patrick Lauer and Michael Lauer, the "Lauers") allege several causes of action arising out of a decision by defendant Waushara County Board of Adjustments (the "Board of Adjustments") to deny to the plaintiffs a conditional use permit so that they might build housing for migrant workers on 17.57 acres of land that the plaintiffs were seeking to purchase. According to the plaintiffs' amended complaint, the land that the plaintiffs had proposed purchasing and placing migrant worker housing on is located in the Town of Oasis. The plaintiffs had appeared at an Oasis town board meeting where they presented their plans to build the proposed migrant housing. At that first meeting the town board expressed no objections so long as the plaintiffs complied with zoning ordinances. Thereafter, again according to the plaintiffs' complaint, at a regularly scheduled town board meeting, a number of local citizens appeared and made their opposition known to the town board regarding the proposed building of migrant housing. At subsequent meetings of the town board and at a meeting of the Waushara Planning and Zoning Committee, townspeople opposing the plaintiffs' plan for migrant housing made discriminatory remarks and "inappropriate references to the ethnicity, race, socioeconomic and family status, and the income sources of the expected tenants." (Amended Complaint, ¶ 15). According to the plaintiffs, the Board of Adjustment ultimately voted to deny the plaintiffs' conditional use application, basing its decision on "discriminatory reasons." (Amended Complaint, ¶ 16). With the denial of their application, the plaintiffs' efforts to purchase the parcel of property came to an end. Indeed, according to paragraph 18 of the amended complaint, "the cited land was sold to a different buyer and is no longer available to the plaintiffs." On February 11, 1994, the plaintiffs filed a complaint with the Wisconsin Department of Industry, Labor and Human Relations alleging a violation of the Wisconsin Open Housing Law. On April 14, 1995, this action was filed.

The plaintiffs' amended complaint asserts multiple claims. The first and second claims assert violations of 42 U.S.C. § 3604 and 42 U.S.C. § 3617, respectively, i.e., violations of the Fair Housing Act. The plaintiffs' third, fourth and fifth claims assert violations of various federal civil rights laws. Specifically, the third claim asserts a violation of 42 U.S.C. § 1981; the fourth claim asserts a violation of 42 U.S.C. § 1982; and, the fifth claim asserts a violation of 42 U.S.C. § 1983. The plaintiffs' final claim asserts a state law violation of the Wisconsin Open Housing Act, § 101.22, Wis. Stats. [now renumbered § 106.04, Wis. Stats.].

After being properly served, the defendant filed its answer. Discovery was thereafter undertaken. In accordance with this court's various scheduling orders, the defendant has now filed a motion for summary judgment supported by a memorandum, affidavits and proposed findings of fact, in accordance with Local Rule 6.05 (E.D.Wis.). The plaintiffs have filed their own brief, together with affidavits, and responses to the defendant's proposed findings of fact, along with the plaintiffs' own proposed additional findings of fact. The defendant has filed submissions in reply. Therefore, the defendant's motion for summary judgment is fully briefed and ready for resolution.

The parties have consented to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(b) and Rule 73, Fed.R.Civ.P. Venue is proper in this district. For the reasons which follow, the defendant's motion for summary judgment is GRANTED in part and DENIED in part.

As stated, each of the parties has filed proposed findings of fact, in accordance with Local Rule 6.05, and responses to their adversary's proposed findings of fact.¹ Distilling the various proposed findings of fact to their underdisputed essence, the following facts are established for purposes of the defendant's motion.

Facts

Plaintiff, Lauer Farms, Inc., is a Wisconsin corporation with its primary place of business located at Route 1, Box 354, Almond, Wisconsin, 54909. (Defendant's Findings of Fact ("FF"), No. 1). Plaintiffs, Patrick and Michael Lauer, are the sole owners of Lauer Farms, Inc. (Defendants' FF, No. 2). Michael Lauer resides at Route 3, Box 101, Wautoma, Wisconsin, 54982. (Defendant's FF, No. 3). Patrick Lauer resides at Route 2, Box 182, Plainfield, Wisconsin, 54966. (Defendant's FF, No. 4). The defendant, Waushara County Board of Adjustment, is a duly instituted board of Waushara County, with post office address of P.O. Box 149, Wautoma, Wisconsin, 54982. (Defendant's FF, No. 5).

On or about April 13, 1993, plaintiffs presented to the town board of the Town of Oasis a proposal for the establishment of a migrant camp. The town board considered and tentatively approved plaintiffs' proposal as long as it was approved by Waushara County. (Plaintiffs' FF, No. 2).

On May 20, 1993, plaintiffs set forth a proposal before the Waushara County Planning and Zoning Committee in which plaintiffs requested a conditional use permit to establish a migrant worker camp on approximately 17 acres of vacant land within Waushara County which plaintiffs planned to purchase. (Defendant's FF, No. 9). On the conditional use permit application, plaintiff Michael Lauer identified the land which is the subject of this case as vacant land used as a gravel pit. (Defendant's FF, No. 21). The parcel of land at issue was in 1993, and remains today, zoned for agricultural use under a zoning classification of General Agriculture ("GA"). (Defendant's FF, No. 10).

At the May 20, 1993, Planning and Zoning Committee hearing, Leonard Zywicki, the chairman of the town board of the Town of Oasis, expressed his opposition to plaintiffs' conditional use permit. Mr. Zywicki made discriminatory and racist statements against migrant workers to the effect that migrant workers were trouble makers and would create problems. (Plaintiffs' FF, No. 29).

The Waushara County Planning and Zoning Committee initially approved the plaintiffs' request for a conditional use permit, and that decision was appealed to the Waushara County Board of Adjustment. (Defendant's FF, No. 11) (Plaintiffs' FF, No. 4). Specifically, on or about May 27, 1993, Bill Clendenning and Lee Keenlancy filed an appeal with the Waushara County Board of Adjustment of the approval of the conditional use permit granted by the Waushara County Planning and Zoning Committee. (Plaintiffs' FF, No. 7) (Defendant's FF, No. 11).

On or about July 6, 1993, the town board of the Town of Oasis heard objections from local residences concerning approval of plaintiffs' conditional use permit by the Waushara County Planning and Zoning Committee. The town board voted against approval of the conditional use permit. (Plaintiffs' FF, No. 9).

One factor in the town board's disapproval of plaintiffs' conditional use permit was the vocal and expressed opposition of local residents to the establishment of a migrant camp. (Plaintiffs' FF, No. 10). Many of the comments presented by the local citizens at the town board meeting on or about July 6, 1993, were of a discriminatory and racist nature against migrant workers and their families. (Plaintiffs' FF, No. 11).

On or about July 8, 1993, a motion was presented to the Waushara County Board of Adjustment stating that the town board of the Town of Oasis objected to the approval of plaintiffs' conditional use permit. (Plaintiffs' FF, No. 12).

On July 14, 1993, members of the Board of Adjustment made an on-site inspection of the property which was the subject of plaintiffs' conditional use permit application. (Defendant's FF, No. 12).

On or about July 15, 1993, the appeal of plaintiffs' conditional use permit was considered at a Waushara County Board of Adjustment meeting. (Plaintiffs' FF, No. 13). At that meeting, the Board of Adjustment met to review the subject appeal in open session and heard testimony in connection therewith. (Defendant's FF, No. 13).

Following the open session of the Board of Adjustment, the Board of Adjustment met in closed session for deliberations and then reconvened in open session to vote on the appeal. (Defendant's FF, No. 14). The Board of Adjustment voted to deny the plaintiffs' application for a conditional use permit on July 15, 1993. (Defendant's FF, No. 15).

Many comments and letters by local residents presented at the July 15, 1993, Board of Adjustment meeting were of a discriminatory and racist nature against "Mexicans", migrant workers and their families. (Plaintiffs' FF, No. 14). One reason stated by local residents in opposition to plaintiffs' conditional use permit was that migrant workers would overburden the county welfare system. (Plaintiffs' FF, No. 15). Migrant workers receive funding and assistance from community-based organizations and federal and state monies. (Plaintiffs' FF, No. 16).

One reason stated by local residents in opposition to plaintiffs' conditional use permit was that a migrant camp could overburden the county school system. (Plaintiffs' FF, No. 17). The school system located in Waushara County is supported by state monies and programs. Additionally, the operation of plaintiffs' proposed migrant camp would not extend into the school year. (Plaintiffs' FF, No. 18).

One reason stated by local residents in opposition to plaintiffs' conditional use permit was that a migrant camp would adversely...