MARQUETTE -- Marquette County Circuit Court gave neighbors of the Citadel property in east Marquette a voice Monday morning.
Judge Thomas Solka refused the City Zoning Board's motion to dismiss the case. He said Phillip and Mary Schneeberger, who live across the street, do have a legal standing in the case, and he wants their side of the story to be heard in trial.
The Schneebergers can walk to the Citadel site in just a matter of steps, and they fear a proposed six story addition would tarnish their adjacent property. They are appealing the decision to allow it to be built, but the City Zoning Board, which approved the project, claimed they have no standing.
The Schneebergers' attorney argued they have several reasons for standing in the trial.
"We're not just arguing singular here," said attorney, Dan Mead. "We're not saying just increased traffic, we're not just saying loss of aesthetics, we're not just saying just purchasing non-conforming use of property. We're alleging all this so if you look at that, does all that equate to standing? I think so."
The Schneebergers' greatest argument: they claimed a high rise would block their prized view of Lake Superior and would diminish the resale value of their home.
The Zoning Board's attorney argued that the Schneebergers' loss of a view is not a legitimate reason for a standing in a case.
"I would submit to the court that this is not enough for this case for a couple of reasons," said attorney Ron Keefe. "Number one, if it were the case, we would virtually be unable to build on anything anywhere in the city where someone might have a view of Lake Superior."
But Judge Solka ruled that the Schneebergers' arguments should be heard in court. Mary and Phillip are eager to finally get to the meat of the trial.
"This gives us a chance to be heard," said Mary. "We did not feel heard at the Board of Zoning Appeals so-called hearing."
The appeal of the Zoning Board's decision to allow the project returns to court on Friday, March 4, at 3 p.m.
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The stay on the Citadel project on the east side of Marquette continues.
Marquette County Circuit Court Judge Thomas Solka has denied the City Zoning Board's motion to dismiss the case of the plaintiff against the Citadel project.
According to Solka, the opposition's case does have merit and will be heard by the judge in his court.
The appeal of the City of Marquette's Zoning Board decision on the Citadel's proposed site plan will take place Friday, March 4, at 3 p.m. in Marquette County Circuit Court.
TV6's Noel McLaren was in court and will file a full report on your TV6 Early News.