Exposed: City of Superior’s Silence on Easement Violation

The Deal That Should Never Have Happened

In May 2019, the Wisconsin Department of Natural Resources (DNR) flagged a serious conservation easement violation in Superior, Wisconsin. Documents reveal the City of Superior’s failure to enforce DNR regulations, allowing private landowners to develop on protected land.

At the center of the controversy is the city’s sale of DNR-protected land to Frederick and Nancy Paine. Despite the easement prohibiting development, the Paines moved forward with construction—directly violating state conservation laws.

DNR Calls Out Easement Violation, City Ignores Warnings

On May 9, DNR real estate attorney Diane Milligan raised alarms in an email, citing a previous warning from a retired colleague. She made it clear:

“This is a violation of the easement and needs to be resolved.”

The DNR demanded accountability, suggesting legal or financial restitution to “make the State whole.” Officials also noted that resolving the title issue was in the Paines’ best interest.

City of Superior Dodges Responsibility

Instead of enforcing the easement, City Attorney Frog Prell dismissed the issue on May 30, stating:

“I have not yet reached out to the Paines as those who know them have told me that it would be a waste of time.”

This lack of action raises critical questions: If city officials won’t even attempt enforcement, what does this mean for conservation laws in Superior? Instead of taking responsibility, officials shifted blame to DNR staffer Steve LaValley, stalling progress.

DNR Investigates Despite City Resistance

On May 31, DNR officials planned a site inspection to assess the environmental damage. However, Milligan anticipated pushback and questioned whether the Paines would allow access. The DNR remained determined, scheduling a visit to Superior on June 17.

City Tries to Deflect Attention

By July 1, after weeks of silence, Superior’s Economic Development Director Jason Serck attempted a diversion. Instead of addressing the illegal development, he redirected attention to unrelated city projects, such as watershed improvements.

Why was the city avoiding the core issue—an easement violation flagged by the DNR?

Milligan pressed on. In a July 11 follow-up, she sought answers about the city’s continued inaction.

DNR Exposes a Larger Conservation Failure

This DNR investigation highlights more than just one easement violation—it exposes systemic neglect of conservation laws. If Superior city officials ignored DNR easement protections, what other environmental safeguards have they overlooked?

This isn’t just about one illegal land sale. It’s about public trust, conservation accountability, and government negligence.

The people of Superior deserve answers

Email #1 – May 9, 2019

DNR Flags Easement Violation

From: Diane L. Milligan (DNR)
To: City Attorney Frog Prell, Frederick and Nancy Paine
Cc: Jim Lemke, Peter Wolter, Sonja Margitan, Kaylin Helm, Aubrey Johnson, Kathy Shubak
Date: May 9, 2019
Subject: Easement Violation

State of Wisconsin – Department of Natural Resources
101 S. Webster Street, Box 7921, Madison, WI 53707-7921

Dear Attorney Prell and Mr. & Mrs. Paine,

I represent the Department of Natural Resources’ (DNR) real estate program, and I am following up on a letter my now-retired colleague, Richard Henneger, sent to Attorney Prell in October 2018 (attached).

In that letter, Attorney Henneger pointed out that the City of Superior sold land to the Paines that is subject to a DNR easement prohibiting development. The Paines have nevertheless constructed improvements on this property. This is a violation of the easement and needs to be resolved.

I request that you respond to this letter by May 24, 2019, with available dates in June to discuss this matter. We are seeking a resolution that makes the State whole, and we presume that the Paines will want to clear the title to their property. Please also share any potential solutions.

I can be reached at diane.milligan@wisconsin.gov or (608) 266-0155, and I appreciate your prompt attention to this matter.

Sincerely,
Diane L. Milligan
BLS Attorney
Wisconsin Department of Natural Resources

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Email #2 – May 30, 2019

DNR Requests City Response on the Paines

From: Diane L. Milligan (DNR)
To: City Attorney Frog Prell
Cc: Jim Lemke (DNR), Peter Wolter (DNR)
Date: May 30, 2019
Subject: Paine Property – Conservation Easement

Dear Attorney Prell,

Thank you for responding to my May 9 letter, and I apologize for my delay in getting back to you.

At this point, I am available on June 17, 25, and 26 after 10 AM each day and could be in Superior on the 17th if that is helpful. I have not yet shared these dates with my colleagues (cc’d here), and their availability may further narrow down the possible meeting dates.

I have not heard back from the Paines, though I see that you copied the Mayor, who is also named Paine.

Have you had the occasion to talk to the Paines about this issue?

Thanks,
Diane L. Milligan
Attorney – Bureau of Legal Services
Wisconsin Department of Natural Resources

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Email #3 – May 30, 2019

City Attorney Acknowledges Avoiding the Paines

From: Frog Prell (City Attorney)
To: Diane L. Milligan (DNR)
Cc: Jason Serck (City), Heather Peterson (City)
Date: May 30, 2019, 3:28 PM
Subject: Paine Property – Conservation Easement

Hi Diane,

Let’s use this as a new thread – your initial email came to my general account managed by my assistant.

I have not yet reached out to the Paines as those who know them have told me that it would be a waste of time – which might also explain why you are not hearing back from them.

An in-person meeting on June 17 works for me! Jason?

Thanks,
Frog Prell
City Attorney
City of Superior

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Email #4 – May 31, 2019

City Suggests External Consultation

From: Jason Serck (City)
To: Diane L. Milligan (DNR), Frog Prell (City Attorney)
Cc: Heather Peterson (City), James Lemke (DNR), Peter Wolter (DNR), Paul Cunningham (DNR)
Date: May 31, 2019, 2:07 PM
Subject: Paine Property – Conservation Easement

Good afternoon,

My advice would be to discuss this with Steve LaValley from the DNR Superior office. He is very acquainted with this file and can provide insight and background on his dealings with the Paines.

Thanks,
Jason Serck
Economic Development, Planning & Port Director
City of Superior

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Email #5 – May 31, 2019

DNR Plans to Inspect Property, Suspects Resistance

From: Diane L. Milligan (DNR)
To: Jason Serck (City), Frog Prell (City Attorney)
Cc: Heather Peterson (City), James Lemke (DNR), Peter Wolter (DNR), Paul Cunningham (DNR)
Date: May 31, 2019, 1:46 PM
Subject: Paine Property – Conservation Easement

We were thinking of sending someone to take a look at the property to evaluate its remaining conservation values (after reaching out to the Paines).

Do you think this is something they may take issue with?

Thanks,
Diane L. Milligan
Attorney – Bureau of Legal Services
Wisconsin Department of Natural Resources

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Email #6 – June 14, 2019

DNR Confirms Plans to Visit Superior

From: Diane L. Milligan (DNR)
To: Frog Prell (City Attorney)
Cc: Peter Wolter (DNR), Paul Cunningham (DNR)
Date: June 14, 2019, 10:45 AM
Subject: Meeting on Monday

I am planning to come to Superior on June 17, and my colleagues – Pete Wolter and Paul Cunningham – would like to participate by phone or Skype.

Is it possible for the city to set up a Skype call? Otherwise, do you have a call-in number we can use?

Thanks,
Diane L. Milligan

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Email #7 – June 17, 2019

City Provides Call-In Details

From: Jason Serck (City)
To: Diane L. Milligan (DNR), Frog Prell (City Attorney)
Cc: Peter Wolter (DNR), Paul Cunningham (DNR)
Date: June 17, 2019, 8:55 AM
Subject: Meeting on Monday

Diane,

We are not able to do Skype, but here is the dial-in and participant code for a conference call:

Dial: 1.877.820.7831
Code: 3824952

You should be able to park on the north side of the Government Center. When you arrive, go to the Mayor’s Office suite on the 3rd floor.

Thanks,
Jason Serck

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Email #8 – July 1, 2019

City Attempts to Shift Focus Away from Easement Violation

From: Jason Serck (City)
To: Diane L. Milligan (DNR), Frog Prell (City Attorney)
Cc: Heather Peterson (City), James Lemke (DNR), Peter Wolter (DNR), Paul Cunningham (DNR), Linda Cadotte (City)
Date: July 1, 2019, 2:14 PM
Subject: Paine Property – Conservation Easement

Diane and others,

Good afternoon. I wanted to give a brief update on our discussions here at City Hall regarding our meeting last week on the Paine easement issue.

I had a conversation with our Parks, Rec, and Forestry Director, Linda Cadotte, who reminded me of many projects that we are currently working on or will be in the near future that will provide better access for fishing and enhance the watershed.

I will be putting together a list of these projects along with descriptions in the very near future.

Have a great week.

Thanks,
Jason Serck
Economic Development, Planning & Port Director
City of Superior

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Email #9 – July 11, 2019

DNR Follows Up on Paine Easement Violation

From: Diane L. Milligan (DNR)
To: Jason Serck (City), Frog Prell (City Attorney)
Cc: Heather Peterson (City), James Lemke (DNR), Peter Wolter (DNR), Paul Cunningham (DNR), Linda Cadotte (City), Paul Piszczek (DNR)
Date: July 11, 2019, 3:13 PM
Subject: Paine Property – Conservation Easement

Jason,

Thanks for the update.

My notes suggest that Linda will be reaching out to Paul Piszczek – please let me know if that’s incorrect.

Hope you had a good holiday.

Thanks,
Diane L. Milligan
Attorney – Bureau of Legal Services
Wisconsin Department of Natural Resources