Setback for Crandon mine opponents (CLICK TO ENLARGE) The Wolf River drainage basin encompasses nearly all of northeastern Wisconsin. The river itself runs through eight counties and several Native American reservations. A state appeals court rules in favor of the mining company By Robert Imrie Associated Press WAUSAU - The company that wants to build an underground zinc and copper mine in northern Wisconsin has won a legal battle in a dispute over its 1996 mining agreement with the town of Nashville. The 3rd District Court of Appeals upheld a judge's 1998 ruling that found the local agreement with Nicolet Minerals Co. was valid even though the town held illegal secret meetings leading up to the adoption of the pact. "This is one of numerous cases involving Nicolet's proposal to open a zinc and copper mine in Forest County," the three-judge appeals court said in a ruling last week. "At the outset, it is imperative that we recognize what this appeal is not about: Whether mining should or will occur in northern Wisconsin." The ruling involved a lawsuit launched by critics of the mine who initially alleged the town conducted illegal secret meetings. The plaintiffs later contended the local agreement between Nicolet and the town was invalid, an argument that Forest County Circuit Judge Mark Mangerson rejected. In upholding Mangerson's ruling, the appeals court agreed there was no legal basis to void the company's local agreement with the town because the agreement was approved at an open meeting. The panel also ruled the lawsuit could not delve more deeply into the issue because of procedural decisions made by the plaintiffs, which included the Wisconsin Resources Protection Council, a mining opponent. Glenn Stoddard, an attorney for Nashville, said Monday the ruling was disappointing but not surprising given decisions attorneys made in the case. "This may be perceived as a setback (for mining opponents), but there is still another case before the court of appeals that goes right to the merits of the local agreement, which we think is more critical," he said. Three former Town Board members, in return for being dismissed from the open meetings lawsuit, stipulated that secret meetings occurred between November 1993 and November 1996 in negotiations with the mining company's attorney. Nicolet Minerals, a subsidiary of BHP Billiton Ltd. headquartered in Melbourne, Australia, is seeking state, federal and local permits to remove 55 million tons of mostly zinc and copper ore from an underground mine south of Crandon. Critics say the mine will harm the environment, while supporters argue the mining can be done safely and will provide badly needed jobs. Shortly after the local agreement with the town was signed in late 1996, all three board members who signed the deal were defeated for re-election by opponents of the mine. The new board voted in 1998 to rescind the agreement. That prompted Nicolet Minerals to file a separate lawsuit seeking a court order declaring the agreement valid. Last March, former state Supreme Court Justice Janine Geske, acting as a Forest County circuit judge, upheld the local agreement and said the Town Board's 1998 decision to rescind it was invalid. The board appealed that ruling. Stoddard said the town has filed its appeal document with the 3rd District Court of Appeals and the next step is for the mining company to respond. A decision by the court likely is several months away, he said. FYI For more information about this story visit these Web sites: Department of Natural Resources: www.dnr.state.wi.us Nicolet Minerals Co.: www.crandonmine.com Town of Nashville: www.nashvillewiundersiege.com BHP Billiton: www.bhpbilliton.com