The Lake Chapeau Habitat Committee filed a motion to include the landowner of the dam site in the lawsuit as a defendant.

The lawsuit was brought against the Department of Natural Resources to defend a temporary dam the committee built without a state permit.

Two parties agreed to settle by granting a new permit for replacing the current dam with a new one that has a water control function.

But, the committee failed to obtain an easement from landowner George Dress. The easement is integral to enact the settlement agreement.

The committee approached the county board to condemn the property for the easement, but the board decided to stay away as long as the issue is under the court’s consideration.

Meanwhile, a lawyer for Dress notified them that the dam had been removed. The committee claims the water level is down by 18 inches and would affect the wildlife of the lake.

The committee is also asking the court to enforce the settlement agreement against the DNR and Scott Hanna, another landowner who joined the suit opposing the dam.

The parties signed the agreement last year. But, Hanna has indicated that he would no longer be bound by it as the easement issue not being resolved. The DNR decided to take no action to the removal of dam, citing it is lawful and would not affecting the ecosystem.

The committee’s attorney Don Savelkoul wrote in the memorandum attached to the motion, “Whether easement rights are obtained from Dress via private easement, via condemnation, or via judicial order, the result is the same for the Hannas and the DNR.”