Heated discussion continues over empty lot in Downing
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By Renee Bettendorf
DOWNING — At their meeting held on Monday evening, the Downing Village Board agreed to send Board President Jim Luepke to speak with the local American Legion Post in regards to a property dispute involving a lot next to the old village hall building.
According to Village Clerk Jennifer Lagerstrom, the village offered up the old village hall building for sale in 2020. Downing resident Bob Nagy bid on the property and became the owner of the building in March of that year.
Both Nagy and the village assumed that the lot to the west of the building was part of the property. The lot actually belongs to the American Legion and has so since 1898. Nagy has built a deck and handicap ramp on the American Legion’s property. The American Legion is asking $5,000 for compensation for the lot.
Nagy attended the meeting in person and his attorney, Nick Davis attended via conference call. Davis asked the board what their position is on who should pay the American Legion for the lot.
Davis said he had spoken with Nagy and Nagy’s girlfriend, Katie Knotz about the property and he understood that they had purchased a property from the village and part of that property was not the village’s to sell.
Luepke said that back in 2020 the village published a notice in the paper that stated that the village was selling village owned property.
“That’s what we sold, village owned property,” said Luepke.
Davis asked if the village would be interested in covering the expense.
Board Trustee Jeremy Nutter asked why the village should pay for the lot.
Davis said it was because they sold property but didn’t have marketable title to sell it.
Lagerstrom said the title for the property gives exact lot information about the property and pointed out that Nagy has a copy of the land title. She said at the last meeting Nagy had stated that he should have looked at the title closer.
Nagy disagreed with Lagerstrom that he had said that. He also mentioned that Luepke helped him build the deck and handicap ramp on the south end of the disputed property.
“It’s a misunderstanding and I’m not going to take the fall for it,” said Nagy.
Nagy also said he would be fine with taking more legal action.
Davis asked the board about the property. The board told him that the building and 14 feet of land to the west of the building was what they sold. The rest of the land to the west of the building was not theirs.
Davis asked the board if they surveyed the land before they sold it. He said usually a survey is conducted before land is sold. Luepke said they did not have the property surveyed, he also mentioned that the American Legion was willing to sell the part of the lot that the ramp and deck are built on.
Davis asked if the board had a copy of a contract for the sale of the property. Lagerstrom said that she has the land title and the notice in the paper.
Nutter pointed out that the property was used as a parking lot for the hall and the cafe for many many years.
“I never knew it was American Legion land and I don’t know how many people actually did,” said Nutter.
Davis said the village should have known that before they sold it. Nutter said it’s also the responsibility of the buyer to know what they are buying.
“So you’re saying it’s Bob’s fault, he should have known?” asked Davis.
The board agreed and suggested that Nagy go to the American Legion committee meeting and see if he could come to a compromise with them. Davis said the village should go to the American Legion and claimed that the village sold property that they didn’t own.
“We sold village owned property, that’s how it was stated in the paper,” said Luepke.
“You didn’t know what the hell you were selling,” said Davis.
“Well Bob didn’t know what the hell he was buying either than,” said Luepke.
Nagy said he assumed the village owned the lot and was disappointed with the situation.
Davis suggested that the village speak with the American Legion because in his opinion they are responsible for selling land that they did not own and because Nagy does not get along with the committee chairman of the local American Legion post.
Luepke agreed and said he will talk to them and get back to Davis.
“I appreciate it,” said Davis.
Lagerstrom asked Nagy if he was interested in buying just a portion of the lot or the whole thing.
Nagy said he would not have bought the property if he knew the land to the west was not included. He said he wants the whole lot for parking purposes.
The board agreed to discuss the matter at their September meeting.
Nagy then stated that he is a multi millionaire and that he is willing to spend $100,000 before he gives a penny to the local American Legion post. And he is comfortable suing the village if need be.
“Everyone thought that was the parking lot,” said Nagy.
“We’ll see where it goes and what I can do,” said Luepke.
Lift Station Update
The board learned from Luepke that new pumps and plumbing at the lift station will cost about $62,000. This estimate does not include any electrical work that may need to be done at the station.
“Is this something that needs to be done ASAP?” asked Lagerstrom.
The sooner the better, said Luepke because it could take six to eight weeks to get the pumps. They also will have to hire an electrician to do the wiring.
Lagerstrom wondered if there were other companies that dealt with lift station pumps. Nutter said there were but the village has been working with Wisconsin Pump Works for quite some time.
Nutter went on to say that the pumps are not original but the pump panel is. He also said that with new pumps, the village would probably not have to deal with a catch basket. Trustee Tom Berends said that currently they have to empty the catch basket about once a week.
“It’s a lot of money of course, but at some point we’re going to be forced to do it,” said Nutter.
The board discussed how to pay for the lift station upgrades. Luepke said they would probably have to borrow money to do the improvements or raise sewer rates. The board tabled the matter so they could run the numbers by the village treasurer. Lagerstrom said she would look into possible grant opportunities.
Mural
Lagerstrom told the board that the mural will be fully complete on Friday. The mural was painted on the west wall of the village hall by Glenwood City High School Art Teacher Sarah Nichols. The project was funded by donations from the community.
Nichols submitted a contract to the village for mural upkeep and to protect the artwork from being copied. Lagerstrom went over the contract with the board which stated that Nichols would donate four hours of her time per year for mural upkeep and she would do any remaining upkeep at an hourly rate.
Lagerstrom recommended paying her $30 per hour for extra upkeep hours and noted that Nichols thought that was a high wage. The board agreed with Lagerstrom and set the length of the contract for eight years.
In other business the Downing Village Board:
• Learned that work on the street lights will start this week.
• Discussed putting gravel on Fairnook Road and tabled the matter so more research could be done.
• Discussed a sewer main on Tainter and Forest Streets and tabled the matter so more research could be done.
• Discussed adopting Dunn County’s zoning ordinances.
• Learned from Lagerstrom that 43 people voted at the August election.
• Looked over an ordinance that would open up all village streets to ATV/UTVs.
