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 Home > News > Story

Published - Friday, May 16, 2008

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Cross opponents considering lawsuit after village sale of land

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At least one of the two group’s that unsuccessfully bid for the Star Hill property that is home to a large, illuminated star and cross indicate there is potential for legal action.

By unanimous consent and with no discussion, Holmen Village Board members agreed at their May 8 meeting to sell the structure to the Holmen Lions Club for $600. A village-ordered appraisal of the patch of land on which the cross/star sits valued the property at $100.

The American Humanist Association based in Washington, D.C., however, sent an offer to buy the land for $1,000 and included a check for the full amount. The Madison-based Freedom From Religion Foundation topped that with a bid of $1,200.

Spokesmen for the American Humanist Association said the group is now considering taking legal action against the village over government support for the religious display.

“To any onlooker, the cross will still appear to be on public land,” said Bob Ritter, attorney for the AHA. “So this was a sham sale that followed a closed-door sweetheart deal that was settled from the beginning. No fair hearing was given to other viewpoints. We aren’t surprised by this faith-based sleight of hand, but we had hoped that Holmen officials might rise above religious favoritism and back-door politics.”

The village is not required to take bids when selling property, but if a municipality ignores a much higher bid in favor of a lower one, the AHA argues, it might be considered an abuse of discretion.

“The village of Holmen simply ignored the fact that there were other bids and ignored the public controversy that has raged for weeks in the local media,” said Fred Edwords, director of communications for the American Humanist Association. “The village board clearly wants the cross to remain where it is. Otherwise there’s no reason to put on blinders and award the site to the lowest bidder. This is all about government support for religion.”

The AHA is fighting the Holmen cross display because it could be seen as a precedent for municipalities across the country.

“This isn’t the first time government has made a maneuver such as this to keep a religious symbol on public property, Edwords said. “Humanists have been fighting the same tactic at Mount Soledad in San Diego, California, for nearly two decades. And there are other communities with crosses on public land. These crosses are maintained at taxpayer expense. So now there is a risk that, if this gambit proves successful in the end, communities all over America will duplicate this same faith-based trick. This is why we have taken action to stop it here.”

Annie Laurie Gaylor of the FFRF said she wanted to review minutes from the village meetings before commenting, adding that a complaint to the attorney general was possible.

The village and Lions Club erected the illuminated star and cross on the hilltop in 1960. The property was privately owned until five years ago, when the the village bought it for a reservoir site. The cross and star have been lit with village electricity since it was erected, and the Holmen Area Fire Department has provided ladder trucks to change bulbs in the 40-foot structure.

The controversy erupted in March after a Holmen resident, Eric Barnes, lodged an informal complaint with the village because the cross, which is lit during the 40 days of Lent, is on village property.

After Barnes’ complaint, representatives of the Lions Club met with village officials and made an offer to buy the land in hopes of preventing controversy and keeping the symbol on the hill.

Two people attended last week’s village board meeting hoping to express opposition to the sale. Village resident Joseph Lyman arrived shortly after the matter was brought up so he never had an opportunity to hear the board’s position.

Lyman said he was concerned there was no public discussion of the issue and that public input was not wanted at the board meeting. “I called and was told there generally was no public input allowed,” Lyman said.

“It is inappropriate they felt the need to hurry this,” Lyman said. “It is a poor solution to hurry an issue like this through simply to avoid controversy.”

Trustee Mark Seitz read a list of reasons why the village should sell the property to the Lions Club: He said the $600 offer exceeds the appraised value; the village has the right to sell land to whomever it chooses; and the Lions Club originally constructed the star and cross and has maintained it.

The deal with the Lions Club insists the area be fenced with signs stating it is the club property. The club will have an electric meter installed and pay for lighting the structure, and the club will restrict access to protect the adjacent village water reservoir.

“This is an effective way to bring this matter to a fair conclusion,” Seitz said.

Trustees had no comment on their action.

Later in the meeting Trustee Ryan Olson asked Administrator/Clerk Catherine Schmit why she had not responded to inquiries from a reporter at the Holmen Courier.

“I responded in the manner I was directed to respond,” Schmit said.

Village attorney Alan Peterson said he expected to begin the paperwork to transfer the land the day after the meeting. He said the deal should be complete in 30 to 45 days.

Library in the mall

Holmen Square mall owner Marvin Wanders has discussed locating the Holmen library in the mall with village officials.

The group has been pushing to find a replacement for the existing library, which they say has too little room for too many patrons. A push to buy St. Elizabeth Ann Seton Catholic Church for a larger facility failed because its appraised value of $1.3 million was less than the $2 million minimum the church would accept.

Wanders met with Village President John Chapman and Schmit recently. “He suggested it could be like a Borders book store,” Schmit reported.

The cost for leasing the space was not specific. “He said he would take a sharp pencil to the lease,” Schmit said.

No formal action is planned on the idea at this time.

HVAC service

Trustees voted to continue Advance Comfort Systems HVAC contract. The price went up 3.5 percent from last year to $2,098 and $70 per hour.

Rezoning

Trustees rezoned the property at 2810-2812 Locust from R-4 two family to R-6 zero lot line.

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 Comments »

tax-me-more wrote on May 24, 2008 10:24 PM:

" Enough basis for a suit? You MUST be kidding.

If the tax payer funded school so much as ALLOWED prayer, that is s violation of separation of church and state!

If it isn't, then I want a Catholic priest in the Holmen Schools to lead daily prayer as well!

If we can't have a Catholic priest in our schools, they certainly can't have the Muslim equivalent, not in a PUBLIC school!

P.S.: Haven't heard anything from FFRF yet, I'll give them a little longer. "

Reginald wrote on May 24, 2008 11:57 AM:

" Actually, the ACLU has launched an investigation into the Muslim charter school in Minnesota to see if there is enough legal basis to bring suit.

http://www.startribune.com/local/17406054.html?page=2&c=y "

To tax me More wrote on May 23, 2008 9:58 AM:

" I will definitely do so. It is very "in" to pick on Christians and Christianity, but treat other religions with kid gloves. "

tax-me-more wrote on May 22, 2008 7:28 PM:

" I noticed the Trib ignored the story of a taxpayer funded MUSLIM charter school, right next door in MN, that has FORCED PRAYER on Fridays.

I sent an email to the FFRF asking why they haven't filed suit, and encourage all God fearing Christians to do the same. "

To eleven thirty one am wrote on May 22, 2008 4:52 PM:

" So, you would really want your kids taught a false theory? I don't care what your religious views are, evolution has been debunked by real scientists. Google Dr David Menton(yes. I know that last sentence sounded weird). "

to May AM AKA Fruitcake Froto wrote on May 22, 2008 11:31 AM:

" Don't you mean hickville! Wow I bet you want the schools in Holmen to teach creative design instead of evolution. Just because the majority believe something doesnt mean its true. If you believe that then you should change your religion to muslim because the majority of people in the world are muslim.
"

re JustMyThoughts wrote on May 22, 2008 11:21 AM:

" So what if the firefighters wanted to build a swastika up on the hill. Shouldn't they be able to do what they want>?? "

laxbeaver wrote on May 22, 2008 11:13 AM:

" to 12:26, wouldn't it be more ridiculous for someone to think their own religion is the wrong one? "

ToTo Wars wrote on May 22, 2008 10:12 AM:

" It is not about which religion is right. It is about the right to have religious views expressed(whether you agree with those views or not) in public. Yes, when people try to take away other peoples rights to express their views in public, wars CAN and SHOULD start-if we value our freedom. Freedom does NOT include the right to not be exposed to views you disagree with. "

to wars start this way wrote on May 22, 2008 12:26 AM:

" I could not have said it better myself, every one of these posters should read your post and maybe learn a little bit about what religion actually is, and what it does to our communities and people. It is so ridiculus that everyone always thinks their own religion is the right one. "

To Froto wrote on May 21, 2008 2:18 PM:

" I see now. But some posters(like the one whining)act as if their opinion IS the law. "

Froto wrote on May 21, 2008 12:50 PM:

" To Poster 5/20/08 2:58 pm:
No I was referring to the posters statement about not whining on these blogs. my point was this is exactly where support to change the law can be built up by ordinary cititzens. "

Also to Yabut... wrote on May 21, 2008 8:52 AM:

" I didn't realize that an all terrain vehicle was an inexpensive item?!?! Don't worry - you, as a tax payer, won't be getting charged while a volunteer firefighter changes the light bulbs - they do a lot of things around the Holmen area that they do not get paid for.
This article isn't about the HAFD - let's keep them out of it. "

To Yabut wrote on May 20, 2008 4:29 PM:

" What do you mean they "better not be charging the taxpayers when they're changing the bulbs"? Who made you King of Holmen? "

Yabut ... wrote on May 20, 2008 3:49 PM:

" They are paid volunteers, and the donations come in to buy little things, like turnout gear, all-terrain vehicles and other relatively inexpensive items. The taxpayers paid for the ladder truck, which is what they need to change those bulbs, and the taxpayers pay for those volunteers. Of course, they better not be charging the taxpayers while they're changing the bulbs, but the equipment is definitely government property. "

To Froto wrote on May 20, 2008 2:58 PM:

" It sounds like you and the 1000am poster agree-I think you may have misunderstood the post. "

JustMyThoughts wrote on May 20, 2008 1:29 PM:

" To: Smoke and Mirrors and Holmen Schmucks:
FYI - A lot of money to the Holmen Fire Dept comes in the form of donations, and a lot of their equipment was purchased from money donated to the fire dept. Also, the fire fighters are VOLUNTEERS. I feel that if the VOLUNTEER Firefighters want to change the light bulbs on the star/cross, it's their right. "

Froto wrote on May 20, 2008 10:44 AM:

" Kudos for Holmen, it is small towns that are the backbone of America and it is in small towns that perhaps the fruitcakes will find out that small town America will not put up with their political correctness. If you move here, accept the majority feelings or get the hell out of dodge. "

Froto wrote on May 20, 2008 10:42 AM:

" to poster 5/20 10:00 am. This is one of the ways people get others involved to the point when enough individuals object they do excatly what you want, ie: work to change the law. 1st you must create the desire, these blogs are a perfect avenue for this. "

To Smoke and Mirrors wrote on May 20, 2008 10:00 AM:

" That is merely your opinion. My tax dollars go to support many things I find objectionable. If you don't like the law, work to change it. Don't whine about it here. "

Shine on wrote on May 20, 2008 7:33 AM:

" Put this issue to a referendum. When the overwhelming majority of village residents vote in favor of the sale to the Lions Club it will send a message to the AHA etc. to get out & stay out. Perhaps the AHA can then take the money they would have spent on their lawsuit & help move Mr Barnes somewhere that is Godless...it would be a better fit for him & the rest of us.

To the left wing...you are creating a Godless society where everything is politically correct & societys fault. In short you have spared the rod & WE are reaping the "benefits" of higher crime etc. committed by your spoiled children. Spend some of your whine time reassessing your social priorities & start looking after your own house/giving back to your communities instead of worrying about some plywood & lights on a hill. "

To Mr Barnes wrote on May 20, 2008 1:11 AM:

" Why did you choose to live here if the cross and the star on the hill bother you? It is tradition and the majority of residents have no problem with it. The village acted appropriately by allowing the tradition's responsibility to go to non-profit local volunteer organizations, and your efforts corrected an oversight of government indirectly supporting religion. Kudos to Mr Barnes for that. Mr. Barnes, you chose to live here and you can choose to leave as well now. The community is not going to give up something that its majority supports just to appease your individual disdain for it. "

Dear Lois wrote on May 19, 2008 9:36 PM:

" You have just insulted Ben Franklin along with many of our founding fathers. Anonymous writings have always been a part of our great country until the libel lawyers went to work. Writing without a name allows the freedom to express one's belief as honestly as one may dare. Get over it. "

Froto wrote on May 19, 2008 9:54 AM:

" Big write up on cross, little hidden write up on the mall/library. Looks like the contractor is looking for an easy mark to help bail him out and make money. Hope the board tosses this one out the door. Once you sign a contract like that it will cost you big time down the road. Later when he raises the rent, you will have to either fork over or start looking again for a new spot for the library. Dumb, Dumb and Dummer. "

Lois Henderson wrote on May 19, 2008 9:20 AM:

" Why is it that almost all people with their comments whatever they may be refuse to put their real name behind their opinions? Even the majority of newspapers will NOT print a letter without the person's name. Have the guts and class to do so and quit hiding with anonymous and fake names!! "

wars start this way wrote on May 18, 2008 10:22 PM:

" religion causes more problems than it solves. people can fight over this day and night day after day year after year, lifetime after lifetime. I am not saying religion is bad by no means. there are values people should follow even if they are not religious like me. But I do not need the religion as a crutch to tell me what to or not to do. Peo;le then take it to the next levels and next you have a war. brilliant, both sides do so well saving thieir people from their sins to make them better people then attack the ones who have a different way of telling the story. who's story is right? i don't know but over the years they all had plenty of changes which i am sure came straight from "GOD" symbols don't mean anything. if they did we could call you a gang or a cult. my point is most generally these religious people have alot in common as what not to do or do . so what is the problem with getting allon? The fair way to settle this is to put up a symbol park up there where we can see them all, I don't see why anyone should have a problem trying to sit beside another religious brother do you? I have built a few things and could help out with the construction...'be nice and play with your brothers and sisters as we are all one big family. "

Enough wrote on May 17, 2008 5:03 PM:

" For the love of our sacred Mother, people! Enough is enough! I am not Kenneth Krause or Thomas Jefferson, so I won't pretend to interpret the Constitution - but this little village has had the Star and Cross for ever. In 50 years, it has not hurt anything. Let it be. If I lived in a community that was 90% Buddhist, I would expect a Buddha on the hill. And I'd expect a gob of backlash if I demanded that the Buddha be taken down because it offended me. This Star and Cross are part of Holmen, as much a part as the Seven Bridges, Kornfest, and Norwegian heritage. That's the deal you get when you move to Holmen. Incidentally, I'm not Norwegian... "

Smoke and mirrors wrote on May 16, 2008 8:47 PM:

" The vast majority of the funding for the fire department comes from tax dollars (a little bit comes from selling hot dogs and throwing drinking and dancing parties at the fire station). Those tax dollars don't go directly to the fire department. They are levied by the municipalities (three of them). The fire department doesn't levy the taxes. The government does. It's wrong to use equipment bought by government-levied taxpayers to maintain a religious symbol. "

To Holmen Schmucks wrote on May 16, 2008 7:32 PM:

" Just a little bit of infomation for you, the fire department has everyright to do what they want with the Cross on star hill, they are technically not part of the holmen government, they are a seperate operating body, so they in fact have every right to do whatever they feel fit within their community when it comes to the cross and replacing lights, so dont get all sue happy on everyone "

To Holmen Schmuck wrote on May 16, 2008 12:06 PM:

" What would your complaint be based on? You know, I just had a thought. It looks like anyone can "sue" anyone for anything, whether valid or not. What do you suppose would happen if Mr Barnes neighbors became offended by some of his practices and decided to file suit against him, jointly or separately? The AHA threatening to sue the Village over something it has every legal right to do would be the same thing, would it not? "

Sick of It wrote on May 16, 2008 8:28 AM:

" Get a life people. I think there are more serious issues to deal with in this time of everything going nuts. This thing you people have with the religious issues is getting really boring. It's amazing what the public tries to do to bring attention to their particular groups. If you don't like it, then don't look at it. It's not hurting you is it? Keep your eyes on the road and you won't even know it's there! DUH "

To Mr. Barnes wrote on May 16, 2008 8:10 AM:

" Good for you for standing up to these religious freaks! Get your false idols of the hill. "

Holmen Schmucks wrote on May 16, 2008 8:09 AM:

" Good for AHA lets take down this cult that rules Holmen village. If I see a firetruck out there changing bulbs there will be another complaint filed. "

So sick of whiners wrote on May 16, 2008 7:49 AM:

" *sigh* More money spent on legal battles that could have been spent on streets, education, activities, and other positive things.... right down the drain. Just because an individual felt so entitled and self-important that he thought something that many others enjoyed had to change because he didn't like it.

Way to go Mr. Barnes. You are a champion of all that is right...... to you. "

Raged on wrote on May 16, 2008 7:36 AM:

" "The village debate has "raged on".. Hardly call it a rage.. 98% of the village want it to stay, it stays.. They say it is not fair that we can't put a different symbol up there.. If 98% of the population wanted a Buddha up there, then hey, put a Buddha up there.. It is still a democracy, is it not. leave us alone. "

go here.. very interesting wrote on May 15, 2008 5:32 PM:

" http://www.firstamendmentcenter.org/rel_liberty/establishment/topic.aspx?topic=public_displays

"

To Well wrote on May 15, 2008 4:56 PM:

" Fine with me. So, AHA sues the Village. Village states they have a legal right to sell land to whoever they wish at whatever price they wish. Since that is indeed the law, case closed. AHA eats the court costs and most likely receives sanctions for filing a frivolous suit. "

Boo wrote on May 15, 2008 4:29 PM:

" Cite the case, FYI. I don't believe you. "

Well ... wrote on May 15, 2008 4:27 PM:

" Maybe we should just ignore that ruling because it was wrong. How 'bout dat? "

FYI wrote on May 15, 2008 3:26 PM:

" For those of you who believe the Supreme Court is the be all and end all of policy making in this country, The Supreme Court has upheld the solution Holmen came up with as Constitutional and acceptable in other cities in similar situations. "

Good Luck With That wrote on May 15, 2008 1:53 PM:

" Of course the board wanted the cross to remain where it is. And that is their right. The AHA wanted the cross removed, which is why they bid. And that is their right. But, no one selling property is required to take the highest bid, or even accept bids. So, basically, nothing to see here, move along. I am sure if the AHA files suit, the Alliance Defense Fund or Liberty Council will defend the Village free of charge, and request sanctions against AHA for filing a frivolous suit. "


The comments above are from readers. In no way do they represent the views of the Holmen Courier.

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