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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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Theo wrote on May 28, 2008 3:41 AM:

" to Uh, Theo, psssst:
A wiser person than thee or me once said that a civil war is the growing pains of a nation, and can either tear it apart or bring it together. Ours brought us together, under the umbrella of The Constitution of The United States, which has not been changed since its inception. (The only exception is that the 18th Amendment was repealed by the 21st, ending Prohibition, which was a well-meant but lousy idea.) Part of that is, the will of the majority is supposed to be carried out. That being the case, if the will of the Majority is supposed to rule, why is it that we're allowing all these ideological minorities to get their way? Simply because they yell the longest and loudest and spend a lot of time in Court?
And what are We The People going to do about it?

Brando: You explained it better than I could. And bless you, Evansma, but seriously, Eric, and David, so did you. And a special thank you to James and Tom Truth. James on May 17th, you are so right on.

" I can't wait until these poor deluded idiots get old and die. Without their ridiculous symbols and superstitious beliefs, real work might get done."
The hungry are fed, the naked clothed, the diseased treated, the illiterate taught, the ignorant instructed, the poor given provisions, the helpless aided, and the widows and orphans cared for. Is that enough "real work" for you? "

Uh Theo...Psssst wrote on May 19, 2008 9:08 PM:

" There was this little thing...um..you know,..they called it the Civil War? It sorta answered that "state' issue. Just tryin' ta catch you up. "

Theo wrote on May 18, 2008 8:11 PM:

" Folks, here's the fun:
The first amendment states that CONGRESS (i.e. Senate and House of Representatives of the United States) shall make no law respecting an establishment of religion, or *prohibiting the free exercise thereof*;
So: The United States as a whole can not establish their own religion, but *each state* has the right to do what it wants.
As for the "separation of Church and State" that everyone bays from the rooftops, that was in a *private letter* written to a Baptist minister by Thomas Jefferson, assuring him that the State will keep its mittengrabbens out of the Church. Since when do *private letters*, even those written by august personages such as our elected officials, constitute LAW??? Answer me that one. "

James wrote on May 17, 2008 1:11 AM:

" Yes, Mike, I would. Free speech means tolerating even opinions that you dislike, something that a lot of the comments here seem to be missing.

Separation of church and state is intended just as much to protect the churches from the government as it is to protect the government from the churches. Consider the source of many of the original groups of American colonists: various religious sects that left Europe to escape persecution.

People with a vendetta against all religion anywhere really should study history more. "

Niente wrote on May 17, 2008 12:05 AM:

" "Obvious
wrote on May 16, 2008 9:42 PM:

" religion isn't real people, get over it "

guess it will be a sad day for you when you find out it is. But keep telling yourself that and hope it makes it true "

Obvious wrote on May 16, 2008 9:42 PM:

" religion isn't real people, get over it "

Mike wrote on May 16, 2008 8:23 PM:

" Imagine this same scenario, except the piece of land had an upside down cross. Would you all still support the decision to sell to the group that wished to keep the land as is? "

Deus ex machina wrote on May 16, 2008 7:50 PM:

" It's a chunk of wood with light on it in some specific and humanized set up that has meaning only if the attached human meaning is given to the said object. If christianity did not contain the symbol of a cross, would anyone care? People are too misled by human constructs to see the truths of religion anyways.
And why would you call fellow citizens satanists with out proper evidence, aetheism is not satanism, those who call for tolerance on this issue from the aetheists, and then shout divisive E-thug comments on here did not learn the golden rule, go look it up Mathew 7:12, now actually try to live it.
Need I say more? "

James wrote on May 16, 2008 7:23 PM:

" I'm an atheist myself, but I certainly don't associate with such wackos. I don't get a heart attack every time I see a cross and I don't believe that just because I lack a belief it gives me the right to go around and prosecute people who possess one.

Each man is free to believe as he wishes, and looking at a cross never hurt anyone. A pox on all these busybodies.

Somehow I'm not suprised a bunch of rich folks from out of town thought they could push you guys around. A lot of folks on the left think that people in small towns are nothing more than hicks, to be mocked and disparaged. Well, you guys are the backbone of America, and woe to those who forget it. Folks like you are what built this nation and made it great. "

Tom Truth wrote on May 16, 2008 7:18 PM:

" Feel free to waste even more of my tax dollars on lawsuits over crosses. I'm agnostic, but I'm also an adult who isn't threatened by "offensive little things", and would rather see $100 per year spent on a cross than $50,000 on a lawsuit to remove one. "

Tina wrote on May 16, 2008 7:03 PM:

"

"At least one of the two groups that"...

One of the group's what? Ohhh, you mean "one of the '"groups"', plural, rather than singular possessive. As a special corresspondent, you should have just said so! "

Luther wrote on May 16, 2008 6:27 PM:

" Funny that when the Lions do it, it's a "trick". When the Humanist try the same thing, it's fighting for a precendent.

People, please. Get a life or something. "

Depressing wrote on May 16, 2008 5:57 PM:

" I can't wait until these poor deluded idiots get old and die. Without their ridiculous symbols and superstitious beliefs, real work might get done.

Can I get a check for my share of the money supplied to power the lights on such an ugly structure? "

If precedent should rule... wrote on May 16, 2008 5:50 PM:

" ... let's take the vote back from women.
... let's have segregated facilities.
... let's pledge allegiance to the king.

Atheists do not 'fear' religion, they simply feel it should play by the Golden Rule to avoid the taint of hypocrisy. "

How embarrassing... wrote on May 16, 2008 5:46 PM:

" ... for your little hamlet.

Shameful! "

jc wrote on May 16, 2008 5:35 PM:

" Burn the damn thing down. "

Evansma wrote on May 16, 2008 3:51 PM:

" 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.

What the heck is talking about. That cross has been up there 48 years & just NOW someone has an issue with it. Well too bad. Precedent should rule here. And since the Lyons group was the one that help start it they should be given 1st option to take it back.
End of discussion. "

William wrote on May 16, 2008 1:25 PM:

" It constantly amazes me how scared the athiests and humanists are of any/all religion. If they truly believe that there is no God, why would they foster a fear in something that does not exist. There is an old saying that goes something like...you must believe in it to believe against it! The athiests (so called) and humanists are actually disciples of Satan and are doing the work of the enemy of truth. They have a "religion" of sorts though it be a dark one that does no good for anyone, anywhere, anytime. "

Yabut ... wrote on May 16, 2008 11:48 AM:

" It's not just athiests. I'm Lutheran and I object. Of course, I'm ELCA and not WELS, but I still just think the government supporting this ostentatious display of one religion's icon is wrong and was wrong from the start.

The government paid for more than half of the erection of the thing and has paid for electricity all these years. I don't think shifting the title for the property to the Lions Club now absolves the village government of its connection to it.

Here's what they should do: Leave the star, but don't light the cross. Even though the star might make a Lutheran like me misty-eyed at Christmas time, it's not so blatant a piece of religious symbolism as the cross. "

Steve Schaper wrote on May 16, 2008 11:19 AM:

" The atheists need to learn to be tolerant of other people, and not demand that we all conform outwardly to their religion. "

but seriously wrote on May 16, 2008 9:49 AM:

" What if I wanted to hang up a lighted crescent in support of my muslim beliefs? If I wanted to put up a huge lighted goat's head in a pentragram, would that be ok? Would the village board sell me some land to do it? No, because the majority of the village would not agree with my displaying a satanic symbol and THUS be choosing one form or religion over another. Its ok to hang up a cross, but not anything else because the majority want it that way, and THAT is what the issue should be. "

orawek wrote on May 16, 2008 8:54 AM:

" What is the big deal? Why don't these wackos, I mean atheist do something more useful with their time and money? They could build a hospital, school, or a museum. I think they have nothing better do. They are misrable people with misrable lives and they want to make everyone else misrable. "

Eric wrote on May 16, 2008 7:58 AM:

" How has the republic lasted so long with all those "offensive" religious symbols everywhere you look in Washington, D.C. on government property yet?!!!

These little thought police would fit in real well in the Germany of the 1930's, too bad they feel uncomfortable here in the good old US of A, God Bless America!!! One nation under GOD! "

David wrote on May 16, 2008 6:16 AM:

" The Humanist society needs to get a life. The cross is no threat to anyone or to anything. Being offended is not a constitutional right, and the city has the right to do what it sees is right. If the citizens don't like it, they can vote the council out.

So, the Humanists need to take a deep breath, exhale, and go on with life. "

Brando wrote on May 16, 2008 12:49 AM:

" Whats the deal with these humanists? Bottom line here is the Holmen Village Board is comprised of elected officials, responsible to the citizens of Holmen, WI. That being said, this village board has every right to decide on which organization it will sell public land to. If these Board members did make a decision that runs contrary to the will of the citizens of Holmen, then these Board members will be out of a job come the next election cycle. It's called Republican Democracy. Bottom line is the American Huminist Association failed in tearing down a symbol of Christ. So now what? Well instead of these humanists respecting the democratic process, they figure it's time to exploit the Judicial system, costing the good taxpaying people of Holmen more of their money to defend the just and valid actions of their Village Board. "


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