GREEN BAY, WI (WTAQ) – A federal lawsuit filed by former residents who claim Green Bay violated their rights when the city destroyed their garden without permission – twice – has been settled.
Margaret and Steve Gerhard, who now live in Fence, were seeking at least $125,000 in damages. But no details of the settlement have been released publicly, and the recording of Thursday’s 4.5-hour mediation & settlement conference has been sealed, according to court records.
The settlement needs to be approved by federal Judge William Griesbach, but no date was set for that.
According to the suit:
* In 1994, the Gerhards stopped having a traditional lawn, and converted it into a ‘natural garden’ over the course of 15 years.
* On July 15, 2009, the city posted a 24-hour weed removal notice on their door. However, they were out of town. “Prior to their return, City employees entered their property without a warrant, without consent, and without prior notice to be heard, and destroyed all of the plants within that fenced in garden by digging them up and spraying chemical herbicides,” the suit claims.
* The city later determined the property did not violate the obnoxious weed ordinance, so the couple rebuilt.
* In 2011, the Gerhards received another removal notice. The couple started working on getting variance. But, while out of town, the city again destroyed all of the plants.
* Ms. Gerhard worked to get naturally-landscaped lawns permitted in the city – but because their five applications for a permit were not approved, they moved.
