The legal battle over the controversial Wilderness Crossing development is continuing.
Opponents of the development across the street from Wilderness Park and a Native sweat lodge on private land will appeal the city’s decision not to allow a Board of Zoning Appeals hearing on the annexation and zoning changes passed by the City Council, which allowed the development to move forward.
The notice of appeal filed Monday is the precursor to a lawsuit asking the court to order the city’s Board of Zoning Appeals to hear the case.
The ACLU of Nebraska, Big Fire Law & Policy Group, and attorney Ken Winston are representing the group.
The plaintiffs include the Indian Center, Native advocates Kevin Abourezk, Erin Poor and Renee Sans Souci, and Kathleen Danker, who owns the land where the Native sweat lodge is located. They are suing the city, the Board of Zoning Appeals and Lincoln-Lancaster County Planning Director David Cary.
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The appeal alleges the city violated the plaintiffs' due process rights and violated city code and that the housing development planned across the street from the sweat lodge will disrupt the land on which it sits and the traditional religious ceremonies held there.
It is the latest development in an ongoing controversy over a development planned on about 75 acres south of Pioneers Boulevard between First Street and U.S. 77, where Wilderness Crossing LLC plans to build 162 single-family homes, 134 town homes and 205 apartments.
Opponents created the Niskithe Prayer Camp and set up tipis on the land to oppose the development last spring, but the City Council passed the zoning and annexation ordinances in April.
Danker filed a lawsuit appealing the council’s actions and opponents filed an appeal with the city’s Board of Zoning Appeals. Judges dismissed both the landowner’s appeal and a lawsuit filed by the city asking a judge to decide whether the zoning board had jurisdiction.
The judge in the zoning appeals case — which opponents contend was filed as a delay tactic — said the decision was up to the Board of Zoning Appeals to decide whether it had jurisdiction.
City officials told opponents the zoning board doesn't have jurisdiction, which led to the latest appeal.
Crews have begun taking down trees on the site, preparing the land for construction.
Renee Sans Souci, Susan Roan Eagle and Kevin Abourezk talk about their motivation for protesting the development of land on the west side of Wilderness Park by placing seven Native lodges on the land on Monday, May 2, 2022.
Photos: Niskithe Prayer Camp hosts protest in Lincoln for Native sweat lodge's legal protection
Cherokee Nation citizen Erin Poor (far left) gives a short speech during a protest outside of the Lancaster County-City Building on Wednesday. Members of the group also say they’ll pursue legal protections of the sweat lodge, which is on about 2 acres of private land surrounded by Wilderness Park and across the street from the planned Wilderness Crossing development near First Street and Pioneers Boulevard, just east of U.S. 77.
Renee San Souci (left) shakes hands with City Council member Sändra Washington before entering a tipi during a protest outside City Hall on Wednesday.
A protester in the crowd wears a shirt supporting their cause during a planned protest outside of the Lancaster City-County Building on May 18, in Lincoln. The Native encampment took down the last tipis at 6:30 a.m. and left from Niskithe. They arrived at City Hall at 11a.m., where they reassembled a tipi and asked city leaders to pray with them.
Autumn LaDeaux-Baxter (left) ties poles together while saying a prayer as leaders of the Niskíthe prayer group work to assemble a tipi during a protest outside City Hall on Wednesday. The group wants legal protections of a Native sweat lodge, which is on about 2 acres of private land surrounded by Wilderness Park and across the street from the planned Wilderness Crossing development near First Street and Pioneers Boulevard.
Kevin Abourezk speaks during a planned protest outside of the Lancaster County-City Building on Wednesday in Lincoln. The group wants legal protections of a Native sweat lodge, which is on about 2 acres of private land surrounded by Wilderness Park and across the street from the planned Wilderness Crossing development near First Street and Pioneers Boulevard, just east of U.S. 77.
About 50 individuals gathered at the Lancaster County-City Building on Wednesday to support a group seeking legal protections of a Native sweat lodge on private land surrounded by Wilderness Park.
Members of the Niskithe group wear colorful Native garments as they march down South 10th Street during a protest outside of the Lancaster County-City Building on Wednesday in Lincoln. The group is seeking legal protections of a Native sweat lodge on private land surrounded by Wilderness Park where a development is planned.
Renee Sans Souci addresses supporters during a protest outside of the Lancaster County-City Building on Wednesday in Lincoln. The group is seeking legal protections for a Native sweat lodge on private land surrounded by Wilderness Park.
Renee Sans Souci addresses supporters during a protest outside of the Lancaster County-City Building on Wednesday in Lincoln. The group is seeking legal protections for a Native sweat lodge on private land surrounded by Wilderness Park.
A group marking the end of the Niskithe Prayer Camp make their way down the sidewalk on South 10th Street to the County-City Building on Wednesday. The group is seeking legal protections for a Native sweat lodge on private land surrounded by Wilderness Park nearby a recently-approved housing development.
City workers walk past a tipi assembled for prayer in front of the Lancaster County-City Building during a protest on Wednesday. The group was marking the end of the Niskithe Prayer Camp near Wilderness Park.
Native flag bearers lead a march from the site of the Niskithe Prayer Camp to downtown Lincoln on Wednesday morning.
A tipi stands at the site of the Niskithe Prayer Camp on Wednesday.
Kevin Abourezk (from left), Autumn LaDeaux-Baxter and Joseph Bad Moccasin gather at the site of the Niskithe Prayer Camp on Wednesday.
Photographer Michael Farrell gets ready to take a group photo as members prepare to tear down the Niskíthe Prayer Camp on Wednesday.
Autumn LaDeaux-Baxter (left) unties a tipi at Niskithe Prayer Camp on Wednesday.
