Overview

This May 9, 2019 letter , shown on page 1 of the document image, marks a critical escalation in the Paine property easement dispute. Unlike earlier emails, this is a formal legal notice. The Wisconsin Department of Natural Resources asserts that a conservation easement has been violated and demands action.

Key Players

Diane Milligan, attorney for the Wisconsin Department of Natural Resources, authors the letter. She addresses it to Frog Prell, City Attorney for Superior, and to Frederick and Nancy Paine, the property owners. The cc line includes multiple DNR officials, signaling internal awareness and coordination.

The Issue

The letter states plainly that the City of Superior sold land to the Paines that remains subject to a DNR conservation easement. That easement prohibits development. Despite this restriction, the Paines “have nevertheless constructed improvements on this property.”

This is not a vague concern. It is a direct allegation of violation. The DNR identifies the construction as incompatible with the legal limits placed on the land. The problem, as Milligan writes, “needs to be resolved.”

The document ties back to an earlier October 2018 letter from Richard Henneger. That earlier warning apparently failed to stop the activity. By May 2019, the state acknowledges that the prohibited development has already occurred.

Institutional Response

Milligan requests a response by May 24, 2019. She asks for available dates in June to meet and discuss resolution. The agency seeks a remedy that “makes the State whole,” suggesting potential financial, legal, or land-based compensation.

The tone remains measured, but the substance is firm. The DNR expects compliance. It also assumes the Paines may want to “clear the title,” hinting at unresolved legal encumbrances that could affect ownership rights.

Implications and Follow-Up

This letter exposes the foundation beneath later emails. The “easement issue” referenced in subsequent correspondence is, in fact, a documented violation. Development occurred where it should not have.

The remedy remains open-ended. Will the structures be removed? Will substitute land be offered? Will penalties apply? The letter does not say.

What it does show is clear: the state knew, the city was involved, and the violation had already taken place. From this point forward, every meeting and email becomes part of an effort not to prevent the breach, but to manage its consequences.

Wisconsin Department of Natural Resources – https://dnr.wisconsin.gov

City of Superior, Wisconsin – https://www.superiorwi.gov

Wisconsin DNR Real Estate Program – https://dnr.wisconsin.gov/topic/lands

Land Trust Alliance – Conservation Easements – https://www.landtrustalliance.org

Wisconsin Easement Statutes – https://docs.legis.wisconsin.gov/statutes/statutes/700

DNR.5.9.2019