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Paul Rusk, District 12 Supervisor

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Paul Rusk, District 12 Supervisor
Paul Rusk, District 12 Supervisor

I want to share some important new developments that have been in the news. The Dane County Board voted in April not to renew a five-year lease for three billboards on airport land along Aberg Avenue. Surprisingly, in late August, I was named specifically in a lawsuit filed by the billboard company. There is absolutely no basis in the law for this action.

The Dane County Board did not come to this decision lightly. After hours of debate and input from neighborhood associations and billboard company representatives, the board rejected the lease on a close vote.

When the billboards were first installed in the 1960s, this land was zoned industrial. Today, with the golf course, bike path, pedestrian overpass and the relocated Starkweather Creek, the land is now zoned as parks and recreation, making the billboards out of zoning compliance. The 1998 Eken Park Neighborhood Plan suggested they be removed, noting the land use changes. Revenue from these signs can only be used for airport activities under FAA regulations. The airport’s reserves are substantial.

Dane County Corporation Counsel Marcia MacKenzie performed a thorough investigation. She determined that the claims filed in the lawsuit had no merit and filed a motion to dismiss with the court. Her brief stated that, “at the core of this matter is the fact that Adams is unhappy with the result of a legislative action and is attempting to break new legal ground by opening the door to a challenge of the outcome of a local legislative matter after it has been discussed, debated in public and voted on by the community’s political representatives. There is not a shred of evidence sufficiently supporting Adams’ claims of illegal bias and/or violation of the Open Meetings Law.”

Remarkably, both the cities of Madison and Fitchburg also have lawsuits pending against them with this same billboard company. This lawsuit is an additional burden on our busy Dane County attorneys. Moreover, I find it discouraging that there is an ever-increasing possibility of being sued in our litigious society. I worry that actions like these will further discourage many fine people from running for local elected office. That is most regrettable.