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Regal Marina granted extension through July 7, may get more time

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Dennis Regal Sr., president of Regal Marine Group, sat in Crawford County Court June 8, listening to how soon his 34-year-old, family-run marina business may need to move out from the premises. (Photo by Correne Martin)

By Correne Martin

The Regal Marina in Prairie du Chien was recently under flood waters for nine days. That’s nothing new to the family that’s run the operation for 34 years though. The difference, this season, is that the family was given 30 days to move its docks and other belongings off the city-owned property, by an arbitration panel’s May 22 order granting an eviction judgement in favor of the city of Prairie du Chien.

However, both parties were in court Thursday afternoon, June 8, as Judge Craig Day considered a possible modification of the arbitration award’s terms. Regal Marine Group requested an order allowing them until July 31 to remove personal property, due to the flooding, and until Oct. 1, to remove buildings, consistent with what the corporation believes are its rights under the lease.

City Attorney Lara Czajkowski Higgins said the city is willing, due to the flooding, to give the Regals 15 days in addition to the original 30, for a total of 45 days, to remove all its property from the grounds.

Judge Day said he understands the hardship it would involve to move a business that’s been there for decades. After listening and mulling over the basis of the case, he agreed to allow them the 15 additional days, through July 7. He added that he would consider final thoughts from both Czajkowski Higgins and the Regals’ attorney, Bryant Klos, before determining a decision around Wednesday, June 28. That decision will either follow suit with the city and affirm the July 7 date or perhaps allow the Regals more time, as much as 90 days or even through Oct. 1.

“What’s important in these circumstances, I think, is that this involves business and business involves money. It seems the Regals are thrust upon an economic decision. But, when it is your life and you’ve been in there for years, when you have to reduce it to just dollars and cents, it’s hard to do,” Day stated. “The Regals have a time and money issue to resolve. It’s not an option to spend their time spending other people’s money. I suggest they do a cold, hard evaluation of their belongings and consider that versus extracting it in a reasonable time and fashion. This could be done in two weeks, if you want to spend a million bucks. But that’s unreasonable.”

Day further indicated that it’s his duty to achieve some kind of justice so “everybody can maximize their outcome.”

According to Regal Marine Group, their conundrum at this point, if the court does not modify the deadline, is that they could be forced to abandon some of the buildings, docks or other property, and the city would then take ownership and maintain it or dispose of the property.

The city’s argument, as Czajkowski Higgins stated Thursday, is that Regal Marine Group was given four prior extensions before the city finally moved forward with the arbitration.

Also, the Department of Safety and Professional Services is “perhaps going to start fining the city,” she said, if certain safety issues aren’t addressed at the facility.

“The city is trying to balance the fairness of the Regals with its position,” she articulated. “We do not want to allow [the marina, as is,] to operate another summer. If the repairs are not made, the department would have to work with the city to secure the site.”

Attorney Klos pointed out, “We are not operating a marina. Our intent is to dismantle the property and then move.”

He continued, “Ninety-five percent of the repairs there were related to the docks. We’re in the process of getting them sold, so that won’t be an issue. We haven’t been in a position to move stuff out, until about now.”

Klos also noted, the state allowed the Regals to operate with issues inside the buildings throughout last summer. “And we’re not allowing the public in there on a regular basis, unless they’re picking up belongings, so we don’t view it as a safety issue.”

Judge Day acknowledged that the city “won the ultimate battle” and said “it’s just a matter of time frame. There’s no urgency to deal with it from the city’s standpoint. They’re going to get it at some point.”

Yet, the city’s legal representation, which included Mayor Dave Hemmer and newly-named City Administrator Art Osten, differed.

“The city has been approached by multiple people as to what’s going on,” Czajkowski Higgins maintained, referring to boaters.

She also remarked that the city’s administration and common council have been cognizant, throughout the arbitration, that whatever remains on the land after the Regals have moved out “becomes the city’s problem.” She said the council would consider what may be left and what to do with it when the time comes.

“I would imagine the city would seek requests for proposals to either build new or repair structures,” she stated.

According to St. Paul District Corps of Engineers’ documentation from September 1958, the city’s marina property is mandated by law to carry on perpetually as a small boat harbor.

Research from the government documents obtained last winter by lifelong area resident, environmental activist and river advocate Tim Mason, who lives on a houseboat with his wife, notes that the Prairie du Chien Small Boat Harbor was authorized by the Rivers and Harbors Act of 1950. It was to be constructed in accordance with House Document No. 71, 81st Congress, 1st Session.

The plan was later modified in 1958 and the harbor relocated to an area more acceptable to local interests, said Steve Tapp, operations manager of the St. Paul District Corps of Engineers. The city of Prairie du Chien passed a “Resolution Relative to Location of Small Boat Harbor, Prairie Du Chien,” Sept. 16, 1958.

Tapp said, “That resolution assured the Corps of Engineers, among other things, that the Rod and Gun Club and Boat Club would accomplish maintenance dredging in the access channel and the basin and place adequate navigation markings for access if necessary. Construction of the Small Boat Harbor was completed in 1960. The original authorization and responsibilities established are still in existence until congressional action is taken to de-authorize the project.”

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