Public Land for Private Gain? Mayor’s Family Stands to Benefit from Backroom Deal
A months-long email exchange between the Wisconsin Department of Natural Resources (DNR) and the City of Superior reveals a troubling situation: city officials, including Mayor Jim Paine and his wife, Councilor Jenny Van Sickle, were directly involved in discussions about modifying a conservation easement on property owned by the mayor’s aunt and uncle, Frederick L. & Nancy Paine. The issue at hand? A protected conservation easement appears to have been violated, yet instead of enforcing the law, city officials negotiated to reduce the easement area—potentially benefiting the mayor’s relatives.
For taxpayers, this raises serious questions about conflicts of interest, favoritism, and the integrity of public land use decisions. If a conservation easement can be modified to accommodate the mayor’s family, what prevents other politically connected individuals from cutting their own deals?
DNR Was in the Dark About Easement Enforcement
The first red flag comes in a June 21, 2022 email from DNR’s Lake Superior Supervisor Cherie Hagen, who admits that she and another DNR official were unaware of what was happening with the easement enforcement.
“It sounds like you and Fred have received letters from DNR attorneys regarding the easement. Can you share those letters with Steve and me? Neither of us have been copied, and we need to determine who is involved.”
If a legal conservation easement is in violation, how is it possible that the agency responsible for enforcement was not copied on correspondence about it? Was this deliberate, or was it simply bureaucratic incompetence? Either way, it suggests a lack of oversight—and that benefits only one group: those trying to weaken environmental protections on the Paine family’s land.
City Officials Slow-Walk Enforcement, Negotiate Instead
Rather than taking swift action, city officials appear to stall the process. In an email the same day, Economic Development Director Jason Serck downplays the issue, responding:
“I have not seen a recent letter, but I can reach out to Fred to see if he has received one lately.”
Serck’s casual response raises serious concerns. If a conservation easement violation was serious enough for DNR attorneys to send legal notices, why does Serck appear to have no sense of urgency? If the mayor’s relatives were violating city zoning laws, would the city be this hesitant to act?
By August 30, more than two months later, the DNR still did not have full documentation on the easement. Hagen sends another email, requesting:
“A copy of the conservation easement (most easements are perpetual and run with the land).”
“Section, Township, and Range location of this easement.”
“Confirmation that the current property owner is Thomas Paine.”
This email shows that key legal documents were not readily available, meaning the city and DNR had not been actively monitoring compliance. It wasn’t until September 6, 2022, that Serck finally provided some of the requested documentation—more than 10 weeks after the DNR’s original inquiry.
City Pushes to Shrink the Protected Land
Rather than enforce the existing conservation easement, the City of Superior **proposed an alternative
Email #1 – June 21, 2022
DNR Requests Copies of Easement Letters
From: Cherie Hagen (DNR)
To: Jason Serck (City)
Cc: Steven LaValley (DNR)
Date: June 21, 2022, 11:10 AM
Subject: Fred Paine Property
Jason,
Morning – I connected with Steve to learn more about the Fred Paine property and its history. It sounds like you and Fred have received letters from DNR attorneys regarding the easement. Can you share those letters with Steve and me? Neither of us have been copied, and we need to determine who is involved.
Thanks so much!
Cherie Hagen
Lake Superior Supervisor – Office of Great Waters
Wisconsin Department of Natural Resources
Email #2 – June 21, 2022
City Confirms No Recent Letters Received
From: Jason Serck (City)
To: Cherie Hagen (DNR)
Cc: Steven LaValley (DNR)
Date: June 21, 2022, 11:22 AM
Subject: Re: Fred Paine Property
Cherie,
Thanks. I have not seen a recent letter, but I can reach out to Fred to see if he has received one lately. Stay tuned.
Jason Serck
Economic Development, Planning & Port Director
City of Superior
Email #3 – August 30, 2022
DNR Requests Easement Documentation from City
From: Cherie Hagen (DNR)
To: Jenny Van Sickle (City), Jason Serck (City)
Cc: Nicole Flamang (DNR), Steven LaValley (DNR)
Date: August 30, 2022, 3:28 PM
Subject: City of Superior Conservation Easement – Paine Property
Hello Jenny and Jason,
I connected with Nicole Flamang from Real Estate to provide direction on next steps. If the City could gather the following information, that would be helpful:
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- A copy of the conservation easement (most easements are perpetual and run with the land).
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- Section, Township, and Range location of this easement.
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- Confirmation that the current property owner is Thomas Paine.
Steve LaValley is copied, as he has historical knowledge of the property. Thanks!
Cherie Hagen
Lake Superior Supervisor – Office of Great Waters
Wisconsin Department of Natural Resources
Email #4 – September 6, 2022
City Provides Easement Documents to DNR
From: Jason Serck (City)
To: Cherie Hagen (DNR)
Cc: Nicole Flamang (DNR), Steven LaValley (DNR), Mark Johnson (City), Jenny Van Sickle (City), Stephanie Becken (City)
Date: September 6, 2022, 5:25 PM
Subject: RE: City of Superior Conservation Easement – Paine Property
Cherie,
Good afternoon.
I am attaching information related to the limited development easement enacted in March 1989. Additionally, I am including a property map.
The easement references the Barker’s Island Bird Sanctuary.
Location: Section 16; Township Forty-Nine (49) North; Range Fourteen (14) West.
Let me know if you have any questions.
Jason Serck
Economic Development, Planning & Port Director
City of Superior
Email #5 – September 7, 2022
DNR Seeks Clarification on Easement Compliance Issues
From: Cherie Hagen (DNR)
To: Jason Serck (City)
Cc: Nicole Flamang (DNR), Steven LaValley (DNR), Mark Johnson (City), Jenny Van Sickle (City), Stephanie Becken (City)
Date: September 7, 2022, 6:15 AM
Subject: Re: City of Superior Conservation Easement – Paine Property
Jason,
Thanks for sharing. We’ll review. Could you summarize the City’s and landowner’s requests? It appears the property may not be in compliance with the easement, and there is an interest in rectifying this. Clarification would be helpful.
Cherie Hagen
Lake Superior Supervisor – Office of Great Waters
Wisconsin Department of Natural Resources
Email #6 – September 19, 2022
City Proposes Alternative Easement Area
From: Jason Serck (City)
To: Cherie Hagen (DNR)
Cc: Nicole Flamang (DNR), Steven LaValley (DNR), Mark Johnson (City), Jenny Van Sickle (City), Stephanie Becken (City)
Date: September 19, 2022, 2:52 PM
Subject: RE: City of Superior Conservation Easement – Paine Property
Cherie,
Good afternoon.
I met with Fred Paine Sr. and Fred Paine Jr. about a possible modification of the easement. Attached is a conceptual map.
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- The current easement area is outlined in blue.
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- The proposed new easement area is outlined in white (approximately 3.1 acres).
This is just a concept at this point. Let me know if you have any questions.
Jason Serck
Economic Development, Planning & Port Director
City of Superior
Email #7 – September 23, 2022
DNR Requests Conservation Offsets for Easement Reduction
From: Cherie Hagen (DNR)
To: Jason Serck (City), Peter Wolter (DNR), Nicole Flamang (DNR)
Cc: Steven LaValley (DNR), Mark Johnson (City), Jenny Van Sickle (City), Stephanie Becken (City)
Date: September 23, 2022, 3:10 PM
Subject: Proposed Easement Requested for City of Superior Conservation Easement – Paine Property
Jason,
I have shared this with Peter Wolter and Nicole Flamang for review.
Since this proposal significantly reduces the easement area, does the City have alternative properties for conservation to offset the loss? One original purpose of this easement was to protect coastal wetlands and fisheries habitat. We’ll be in touch after an internal discussion.
Cherie Hagen
Lake Superior Supervisor – Office of Great Waters
Wisconsin Department of Natural Resources
Email #8 – October 25, 2022
DNR Reviewing Easement Request; City Seeks Involvement in Meeting
From: Cherie Hagen (DNR)
To: Jenny Van Sickle (City)
Cc: Jason Serck (City), Jim Paine (City)
Date: October 25, 2022, 2:51 PM
Subject: Re: Proposed Easement Requested for City of Superior Conservation Easement – Paine Property
Jenny,
We just had an internal discussion. We are compiling information in response to Mr. Paine’s request. James Yach, our Northern Region Secretary Director, will reach out to Jason in the next few weeks. Let us know if someone else from the City should be involved.
Cherie Hagen
Lake Superior Supervisor – Office of Great Waters
Wisconsin Department of Natural Resources
Email #9 – November 18, 2022
DNR Confirms Easement Proposal is Under Review
From: Connie Antonuk (DNR)
To: Jenny Van Sickle (City)
Cc: Cherie Hagen (DNR), Jason Serck (City), Jim Paine (City), James Yach (DNR)
Date: November 18, 2022, 8:46 AM
Subject: RE: Proposed Easement Requested for City of Superior Conservation Easement – Paine Property
Jenny,
We are actively working on a response to the easement proposal. Once we are prepared to respond, James Yach will call Jason Serck. Let me know if you would like to be included.
Connie Antonuk
Wisconsin Department of Natural Resources
Email #10 – December 5, 2022
DNR Plans Response to City Regarding Easement Proposal
From: James Yach (DNR)
To: Jim Paine (City), Connie Antonuk (DNR), Jenny Van Sickle (City), Cherie Hagen (DNR)
Cc: Jason Serck (City)
Date: December 5, 2022, 11:37 AM
Subject: RE: Proposed Easement Requested for City of Superior Conservation Easement – Paine Property
Mayor Paine,
The WDNR is planning to respond to the City of Superior and the Paine family this week. One of the Department’s attorneys is drafting the letter and plans to send it to the City Attorney. Please let us know if you would prefer it be sent to your office instead.
Thank you for reaching out. Please let us know if you have any questions or concerns.
James Yach
Secretary’s Director – Northern Wisconsin
Wisconsin Department of Natural Resources
Email #11 – December 5, 2022
Mayor Paine Requests DNR’s Response Summary
From: Jim Paine (City)
To: Connie Antonuk (DNR), Jenny Van Sickle (City), Cherie Hagen (DNR)
Cc: Jason Serck (City), James Yach (DNR)
Date: December 5, 2022, 10:34 AM
Subject: RE: Proposed Easement Requested for City of Superior Conservation Easement – Paine Property
Good morning everyone,
Just checking in—has there been any progress on a response? Even a summary of the DNR’s position would help us prepare for any counterproposals. As you can imagine, it’s always best to complete as much work as possible before the holidays slow everything down.
Thanks for your attention to this.
Jim Paine
Mayor
City of Superior
Email #12 – November 18, 2022
DNR Confirms Easement Response is in Progress
From: Connie Antonuk (DNR)
To: Jenny Van Sickle (City)
Cc: Cherie Hagen (DNR), Jason Serck (City), Jim Paine (City), James Yach (DNR)
Date: November 18, 2022, 8:46 AM
Subject: RE: Proposed Easement Requested for City of Superior Conservation Easement – Paine Property
Hello Ms. Van Sickle,
My name is Connie Antonuk. I work at the Rhinelander DNR office with DNR’s Northern Region Secretary Director James Yach. I wanted to let you know that we are actively working on a response to your easement proposal and hope to get it to you soon.
Once we are prepared to respond, I believe James Yach will be calling Jason Serck to discuss. If you would like to be included in that discussion, please let me know, and I will inform James.
Thank you for your inquiry—we are actively moving this forward.
Connie Antonuk
Wisconsin Department of Natural Resources
Email #13 – December 5, 2022
DNR Sends Official Letter on Easement Resolution
From: Adam Lindsey (DNR)
To: Frog Prell (City Attorney), Jenny Van Sickle (City)
Cc: Jim Paine (City), Jason Serck (City), James Yach (DNR), Connie Antonuk (DNR), Cherie Hagen (DNR), Paul Cunningham (DNR), Paul Piszczek (DNR), Steven LaValley (DNR), Jennifer Croonborg-Murphy (DNR), Michael Kowalkowski (DNR), James Lemke (DNR), Peter Wolter (DNR), Nicole Flamang (DNR), Aubrey Johnson (DNR), Diane Milligan (DNR)
Date: December 5, 2022, 3:23 PM
Subject: DNR Letter re. Resolution of Easement Violations by Reducing Easement Area
Attachments: DNR Letter re. Resolution of Easement Violations, Easement.pdf, Easement Release Map.pdf
Attorney Prell and Councilor Van Sickle,
Please find attached a letter from the Department of Natural Resources proposing a resolution to the Paine family easement issue. Supporting reference documents are also included.
Questions or concerns can be directed to Secretary’s Director James Yach. Paper copies will be sent via U.S. Mail to Frederick L. & Nancy Paine and Frederick A. & Dawn Paine.
Have a great afternoon.
Adam Lindsey
Paralegal – Bureau of Legal Services
Wisconsin Department of Natural Resources
This story was exposed by the fantastic reporting of John Ramos from the Duluth Monitor. Emails were obtained from the DNR through WI 19.31-19.35 Request by SoupNutz.
