March 23, 2015 at 4:07 p.m.
Appeal filed in lawsuit against O.C. supervisor
Appeal filed in lawsuit against O.C. supervisor
The appeal comes nearly a year to the day Pelican Lake resident James Kroeger sued Supervisor Bob Mott, claiming he wrote a defamatory email.
Underlying the lawsuit: a long-running dispute between Kroeger and his neighbors about his woodcutting business, chainsaw noise and vehicle traffic.
According to court documents, the county's planning and zoning department issued a conditional use permit to Kroeger in 2011 limiting the hours he could continuously operate woodcutting equipment.
Nearly a year later, in July 2012, Mott sent an email to county officials and a concerned citizen claiming Kroeger was not following the conditions of that permit, and that he had been cutting wood on weekends and holidays for private use. The email also alleged that Kroeger was "violating the spirit of the CUP in that he is cutting and disturbing the neighborhood."
In March 2014, in the weeks running up to the spring general election for Oneida County Board, Kroeger sued Mott, asserting portions of the email were false and that his actions were actually legal. Indeed, Kroeger has contended that his business has not violated any rules and that noise levels have not been excessive.
Kroeger alleged he "suffered loss of his reputation, shame, mortification and injury to his feelings" as a result of the email, and sought unspecified damages and court costs.
Oneida County Circuit Judge Michael Bloom dismissed the case in November on multiple grounds, and just this month, on March 13, Kroeger filed a notice of appeal.
An attorney paid through Oneida County's liability insurer represents Mott; Kroeger also has a lawyer.
Jonathan Anderson may be reached at [email protected].
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