STATE OF WISCONSIN CIRCUIT COURT WOOD COUNTY BRANCH STATE OF WISCONSIN, v. Plaintiff, DON NIKOLAI CONSTRUCTION Case No. 09-CX- & SUPPLY, INC., a domestic business corporation, Complex Forfeiture: 30109 and DONALD P. NIKOLAI, Defendants. STIPULATION AND ORDER FOR JUDGMENT The plaintiff, State of Wisconsin, brought this action against the defendants, Don Nikolai Construction & Supply, Inc., and Donald P. Nikolai, for violations of environmental laws on their nonmetallic mining site (a sand mine), located in the N ½ of the SW ¼, Section 29 (Highway 13), in the Town of Richfield, Wood County, Wisconsin. WHEREAS, the parties desire and intend to resolve the pending litigation by stipulation; NOW, THEREFORE, the parties enter into this stipulation and hereby agree as follows: 1. The parties to this stipulation are the plaintiff State of Wisconsin and the defendants Don Nikolai Construction & Supply, Inc., and Donald P. Nikolai.
2. The Court has jurisdiction over the parties and the subject matter of this action. 3. Except as between the parties to this action, nothing contained in this stipulation and order for judgment shall be construed as an admission of liability by the defendants in any proceeding now pending or hereafter commenced. 4. This stipulation and judgment as approved by the Court shall apply to and be binding on the parties and on the successors and assigns of the parties. No change in ownership or corporate or partnership status shall in any way alter the responsibilities of the defendants under this settlement or the release of defendants' liability. 5. Defendants Don Nikolai Construction & Supply, Inc., and Donald P. Nikolai will pay and judgment will be entered against them and in favor of the State of Wisconsin in the amount of $12,000.00 for the violations described in the complaint. This sum is comprised of forfeitures, statutory surcharges, costs, and attorney fees as follows: forfeitures of $7,936.14 under Wis. Stat. 283.91(2), plus $2,063.39 for the 26% penalty surcharge under Wis. Stat. 814.75(18), $793.61 for the 10% environmental surcharge under Wis. Stat. 814.75(12), the $25.00 court costs under Wis. Stat. 814.63(1), the $13.00 crime laboratories and drug law enforcement surcharge under Wis. Stat. 814.75(3), the $68.00 court support services surcharge under Wis. Stat. 814.75(2), $79.36 for the 1% jail surcharge under Wis. Stat. 814.75(14), the $21.50 justice information system surcharge under Wis. Stat. 814.75(15), and attorney fees of $1,000.00 under Wis. Stat. 283.91(5). - 2 -
6. Defendants Don Nikolai Construction & Supply, Inc., and Donald P. Nikolai will pay the amount of $1,000.00 by check payable to the Wisconsin Department of Justice and delivered to Assistant Attorney General Mary Batt, Wisconsin Department of Justice, 17 West Main Street, Post Office Box 7857, Madison, Wisconsin 53707-7857, by thirty (30) days after the entry of judgment in this case. 7. Defendants will pay the amount of $11,000.00 in no more than three installments in the following manner. Payments shall be made by checks payable to the Wood County Clerk of Circuit Court and delivered to the Clerk of Court, Wood County Courthouse, 400 Market Street, Post Office Box 8095, Wisconsin Rapids, Wisconsin 54495-8095, along with a cover letter to the Court identifying the case by name and number. A copy of each such cover letter and check shall be simultaneously mailed as proof of payment to Assistant Attorney General Mary Batt, at the address provided above. Payments of the following amounts shall be made according to this schedule: (a) $3,000.00 to be paid no later than thirty (30) days after the entry of judgment in this case; (b) $4,000.00 to be paid on or before October 1, 2010; and (c) $4,000.00 to be paid on or before October 1, 2011. 8. The amount of forfeitures payable pursuant to paragraph 5 above takes into consideration the defendants' cooperation with the Department of Natural Resources. 9. The accompanying order for judgment and judgment may be entered incorporating the terms of this stipulation without further notice, and the judgment may be docketed pursuant to Wis. Stat. 806.10(1). - 3 -
10. The parties waive their right to appeal the final Order in this case. Dated this day of, 2009. J.B. VAN HOLLEN Attorney General Wisconsin Department of Justice Post Office Box 7857 Madison, Wisconsin 53707-7857 (608) 266-1001 (608) 267-2250 (fax) battmd@doj.state.wi.us MARY BATT Assistant Attorney General State Bar #1017859 Attorneys for Plaintiff State of Wisconsin - 4 -
Dated this day of, 2009. DON NIKOLAI CONSTRUCTION & SUPPLY, INC. 8867 East 29 th Street Marshfield, WI 54449 Donald P. Nikolai Owner and Registered Agent REINHART BOERNER VAN DEUREN S.C. Post Office Box 2265 Waukesha, WI 53187-2265 (262) 951-4555 (262) 951-4690 (fax) dgallo@reinhartlaw.com Donald P. Gallo State Bar No. 1001278 Attorney for Defendants - 5 -
ORDER FOR JUDGMENT The Court approves the terms of the foregoing stipulation in State of Wisconsin v. Don Nikolai Construction & Supply, Inc., and Donald P. Nikolai, Case No., under which the defendants shall pay $12,000.00 in forfeitures, statutory surcharges, costs, and attorney fees, and directs the clerk to enter and docket the judgment accordingly. This is a final order for purposes of appeal under Wis. Stat. 808.03(1). Dated this day of, 2009. BY THE COURT: Circuit Court Judge - 6 -