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Hunt club and Beloit Township seek injunctions

BELOIT TOWNSHIP — A Rock County judge this month will hear arguments about a conditional-use permit that’s been a hot button for three years in Beloit Township.

Roger Bryden and Michael Toubl, who own and operate Coon Creek Sportsmans Club, 4605 St. Lawrence Ave., Beloit, on Jan. 21 filed for a temporary restraining order against the town of Beloit.

They also are seeking and injunction against the town to allow game harvesting to continue through March 31 as it has for the last 20 years, according to court documents filed by the business’ attorney.

The town has filed to have the restraining order lifted and is seeking its own injunction, stating the sportsmans club must have a conditional-use permit to operate at its present location, Administrator Bob Museus said.

A hearing is scheduled for Wednesday, Feb. 24, with Rock County Judge James Welker.

An attorney Monday night briefed board members on the matter. Museus does not expect the board to take action until after the February hearing.

The town first issued a conditional-use permit to the business in 2007.

The board required Toubl to apply for the permit after the town determined Toubl was running commercial rather than recreational hunts at the preserve. The permit is required because the property is zoned agricultural, Museus has said.

In September 2007, the clubhouse on the property was burned “probably due to arson,” according to a December 2009 memo Museus sent to board members. At the time, damage was estimated at $100,000.

The Wisconsin Fire Marshal’s Office investigated the fire, Police Chief John Wilson said. The town has had no further leads in the case, and the case still is open, Wilson said Monday.

The town board renewed the permit in 2008. At the time, some neighbors complained that the business was a nuisance. Toubl complained that the town was unfairly restricting his business.

In March 2008, Bryden got permission to build a farm equipment storage building on the property. He said it would not be used as a clubhouse for the hunting business, according to the December memo.

Town of Beloit police in March 2009 cited Mike Toubl for failing to comply with zoning ordinances and failing to comply with a conditional-use permit. According to police reports, Toubl was using a new building at 3891 St. Lawrence Ave. as an office.

He appeared in municipal court in October and pleaded not guilty.

He was found guilty of both counts and was fined $218, according to police records.

He paid both fines.

In January, the board voted to revoke the conditional-use permit because of the citations, Museus said.