Published by admin on Wed, 09/20/2023 - 2:28pm
Preserve French Creek, Inc., was dealt a blow in its quest to prevent the City of Custer from redirecting its effluent discharge into French Creek. Its request for a writ of mandamus that would stop that portion of the project was denied again in Seventh Judicial Circuit Court.
In a ruling issued Sept. 15, Seventh Circuit Court judge Stacy Wickre wrote the ordinance voted on by Custer County voters that deems discharge of the city’s effluent into French Creek or its tributaries as a nuisance is preempted by state law that prohibits the county’s enforcement of the ordinance.