Cassian appeal ruling on contested wellness center expected in September

A circuit court decision regarding an appeal by the town of Cassian of a decision by the Oneida County board of adjustment (BOA) regarding a conditional use permit (CUP) application for an adolescent wellness center (AWC) in Cassian could be handed down in early September.

That’s the latest on the matter Cassian town chairman Ed Phebus shared with the rest of the town board and town residents during the town board’s June 9 meeting. 

The BOA approved the CUP application from the Great Lakes Inter-Tribal Council (GLITC) for the 36-bed center  on July 25, 2024. 

That decision by the BOA reversed a previous action by the Oneida County board’s planning and development committee to deny the CUP application.

That committee’s denial of the CUP application followed months of meetings, primarily at the town board level, between the town board and GLITC’s chief executive officer Bryan Bainbridge.

Maintaining its opposition to the AWC, the previous town board, which voted in August, 2024, to proceed with the appeal; it had already hired Green Bay attorney Frank Kowalkowski to represent the town in the AWC matter. 

Kowalkowski was also hired by the town of Lac du Flambeau in its ongoing dispute with the Lac du Flambeau Band of Lake Superior Chippewa Indians over expired easements on four roads. 

There hasn’t been much news lately regarding Cassian’s appeal of the BOA’s decision however, Phebus said Monday there are monthly status hearings and a “verbal ruling” on the town’s appeal is anticipated on Sept. 3 of this year. 

“So, they’re just still kind of in discussion over it and there will be some kind of verbal ruling by the judge,” he said. “We just kind of wanted to keep everyone up to speed on that.”

Undetermined

While the wait for a circuit court ruling on Cassian’s appeal continues, GLITC is proceeding with an AWC in Bowler just like the one that was proposed for part of the 300 acres it owns in Cassian. 

“The township is sure wasting a lot of the taxpayer’s money,” Bainbridge said of Cassian’s appeal. 

Because of the delays in being able to proceed with its plans in Cassian, Bainbridge said GLITC “always had a plan B.”

“You always have to even though we truly wanted to have the facility on that property in Cassian,” he said. “So, we had to pivot in Bowler on the Stockbridge-Munsee reservation. We have a timeline on our funding and everything else.”

Bainbridge said “the need doesn’t go away” and GLITC is committed to try and help adolescents “whoever they are, native or non-native in a facility that’s nowhere around and not even in the state of Wisconsin.”

“We’ll get this one (at Bowler) done and see what else we can do,” he said. “Even though we pivoted, it doesn’t mean we don’t advocate for that intersection.”

The intersection Bainbridge was referring to is near GLITC’s 300 acres at Swamp Lake Road and U.S. Highway 51; the Wisconsin Department of Transportation is looking at options — including a roundabout — in an attempt to curtail crashes there. 

“They should thank the tribes and GLITC for getting that on the table and making people aware of it because you know, it’s all about public safety and health and wellness for all communities,” he said. 

Should the court rule against the town’s appeal which would be in GLITC’s favor in September, Bainbridge said “it’s undetermined” if GLITC would proceed with an AWC in Cassian. 

“The tribes still own 300 acres in Cassian,” he said. “We’ve put a lot of time and money into that property. We’ve put three wells in out there. It’s just unfortunate the town and the county wanted a battle themselves.”

Bainbridge said one of the arguments the town has made against the AWC in Cassian has had to do with taxes and property values. 

“We pay the taxes on that property,” he said of the 300 acres GLITC owns there. “I feel ... just like everyone else, they’re wasting our money and they’ve wasted a lot of it. It’s unfortunate the town and the county couldn’t see the investment we were making in that community and the county.”

Bainbridge said GLITC had solutions for support, infrastructure and otherwise, in its plans for a Cassian AWC. 

“Solutions and not excuses to benefit everybody,” he said. “That’s important.”

Bainbridge looked to the immediate future once the Bowler facility, currently in initial phases with site clearing and environmental testing, is completed. 

“Just having a facility (of this type) that’s non-existent in the state of Wisconsin I know is important for youth,” he said.

Brian Jopek may be reached via email at [email protected].