After over three hours of testimony and arguments Friday, presiding Judge Leon Stenz of Forest County denied all motions sought by Carlin Club Properties, LLC to dismiss the civil action filed last November by the Carlin Lake Association and seven property owners in the Town of Presque Isle to prevent what they claim are plans for a pumping up to 100,000 gallons a day and transporting the water to a commercial bottling operation.
While the area is zoned R-1, single family residential, the Carlin Club itself is grandfathered to continue as a legal non-conforming use. An adjacent parcel, zoned R-1, was purchased and the lake association observed in December via a drone what they felt was the start of a commercial operation. Association member Mary Watkins testified she contacted Vilas Zoning to see if any permits were taken out. She was told an application was received for a driveway for large trucks and a fill pipe for water and the application was denied after the zoning office determined it would be a commercial operation not allowed in R-1 zoning district. Plans for bottling water went from a facility in Minocqua to a facility at the end of Carlin Club Drive, to a facility in the community of Presque Isle to a facility in Marinesco, Michigan.
In dismissing the motions to dismiss the case, Judge Stenz felt he didn't have all the facts and wanted everyone to step back. A new court date will be determined.