Jackson County Chronicle - Printable Version

Story originally printed in the Jackson County Chronicle or online at www.jacksoncountychronicle.com

Published - Sunday, April 27, 2008

Land, water lawsuit against county dismissed

A lawsuit over sand and water rights against Jackson County has been dismissed.

Trempealeau County Circuit Court Judge John Damon entered a judgment March 17 dismissing a suit filed by Borek Cranberry Marsh against Jackson County. Damon also ordered that Borek pay the county $500 in attorneys costs and said that the company can use flowage rights but cannot mine sand.

Last year Borek filed a lawsuit claiming that the county was denying it sand and water rights. The previous owner of the property in the town of Knapp was Carl Nemitz, who had an easement for water rights on county land.

Borek claimed the rights to control water and harvest sand should have been transferred when it bought the cranberry marsh in 1978. The property is about 210 acres adjacent to county-owned land, about three miles south of the main part of Potter's Flowage.