Months after the Town of Cedarburg denied a family’s proposal to build a private, 13-acre pond, that family is now seeking court intervention.
Michael and Stacy Gauthier, who own the medical device manufacturing company Gauthier Biomedical in nearby Grafton, filed a complaint in Ozaukee County Circuit Court on April 29, asking a judge to overturn the town’s Feb. 4 denial of a pond permit and certified survey map.
The denial came after dozens of residents raised concerns about initial plans to use water from Cedar Creek to fill the pond, as well as amended plans to use water from a local well.
Two months after the denial, the town approved an amendment to its pond ordinances on April 1, banning new ponds over 5 acres. Staff had conducted an informal inventory of 168 ponds in the town and found that the average pond’s size was less than 1 acre and that roughly 97% of those ponds were under 5 acres.
By then, drilling had already started at the site, raising questions among neighbors about what would happen next.
The Gauthiers’ latest filing is proof the dispute will likely drag on.
According to the complaint, the Gauthiers are asking for certiorari review, a court review of the board’s decision, and declaratory judgment, an interpretation of state law and town code that would declare the town’s actions void.
The Town of Cedarburg has not yet filed a response. The Milwaukee Journal Sentinel could not immediately reach town staff or board members on May 7.
Gauthiers allege the board missed statutory deadlines and has no authority on water use at the site
Across six different counts, the Gauthiers’ complaint alleges the town missed statutory deadlines, relied on unwritten policies, overstepped into the Wisconsin Department of Natural Resources’ domain on water issues, mischaracterized the pond as recreational instead of agricultural, and wrongly refused the Gauthiers an administrative appeal.
The complaint alleges that the board waited too long to deny the certified survey map, missing a statutory deadline that leaves the map automatically approved.
At the Feb. 4 meeting, the town’s attorney had argued the town followed statutory requirements for holding public meetings and public hearings within a reasonable time period.
At the time, the board’s denial also cited the need for DNR verification on water use and more time to assess the impact of revisions to the proposal made between December 2025 and February 2026, echoing town staff who also said the revisions were missing sufficient clarity on key details.
The Gauthiers’ complaint argues those reasonings are outside the town’s purview, since town codes limit the board’s authority solely to decisions on ponds’ general design, location, construction and maintenance, according to the Gauthiers’ interpretation.
Town codes on pond permits do say the board should consider those aspects in making a determination. They also say the board should consider site plans, citizen input and recommendations from the Plan Commission (which recommend denial on Dec. 17, 2025), as well as “any other information that may help the Town Board and the Plan Commission evaluate the pond.”
Gauthiers deny any recreational intent for pond, despite previous statements
The board’s denial also cited the pond area’s agricultural zoning, which the board said doesn’t support recreation or boating. They also said the proposal didn’t meet the standards for that existing agricultural zoning designation.
In the complaint, the Gauthiers argue that they did indicate agricultural use for the pond, citing a fish farming license obtained in 2023, which the Journal Sentinel identified in state records.
Opponents of the project had speculated the pond’s size and elongated shape resembled a water-skiing lake, which is how the Gauthiers originally described the project to town officials in initial pitches back in 2022, according to meeting minutes.
And according to a records request obtained by Save Cedar Creek (a group formed to oppose the project) from the Wisconsin DNR, a 2023 email from a representative of the Gauthiers said the family’s plans include building some houses, “but the main purpose is to enjoy water recreation on the lake.”
In an interview with the Journal Sentinel on May 8, the Gauthiers’ Attorney Richard Donner said the proof of the family’s intent to use the pond for fish farming should satisfy the agricultural zoning designation, regardless of other activities happening at the pond.
Donner also said the town’s zoning code lacks any recreational use regulations specifically for ponds.
“A pond is a pond, and you can do whatever you want to within the pond,” he said.
“There is no agricultural versus recreational pond. The pond is the pond, and you can do whatever you want within the pond. You can use it as a fish farm, and you can also water ski in it, or boat in it, or swim in it.”
Gauthiers say town wrongfully denied review request
The complaint also alleges that the town wrongfully denied the Gauthiers’ ability to appeal the decisions, outlined in town codes.
The Gauthiers asked the town to review the denials again on March 24, according to exhibits included with the complaint.
In an April 2 response, the town attorney said review was not an option because the decisions were considered “legislative,” which are excluded from review in town codes.
The complaint argues this is an incorrect interpretation because although the new large pond ban is legislative, the permit denial is not, according to town codes.
‘Save Cedar Creek’ advocate says the legal action will waste taxpayer money
Kevin Cahill, founder and leader of Save Cedar Creek, said he and other neighbors of the site are watching the case closely.
“The Town now has to spend public tax dollars defending a project that was already reviewed and unanimously denied,” Cahill said in a statement to the Journal Sentinel.
“The Board made that decision after weighing independent expert analysis from environmental scientists, engineers, hydrologists, and stormwater specialists alongside the petitioner’s submissions.”
Contact Claudia Levens at clevens@usatodayco.com. Follow her on X at @levensc13.
This article originally appeared on Milwaukee Journal Sentinel: Gauthiers seek court review after town denial of large pond plans
Reporting by Claudia Levens, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
USA TODAY Network via Reuters Connect
