The Wisconsin Supreme Court has refused to hear the case of the controversial Osceola Bluffs development proposed on the St. Croix River in Osceola, Wis. The decision upholds a Court of Appeals ruling that overturned a lower court decision, and should clear the way for the apartment building construction to move ahead.

As before, the crux of the decision came down to a 2023 law that has significantly limited who is qualified to sue over development projects in the state. The law was intended to reduce local opposition to residential constructio as a means to expand housing. By disqualifying the plaintiffs, the decision has pre-empted concerns about the project’s impact on the river, the process the Osceola Village Council used to approve the proposal, and previous state laws intended to protect the St. Croix.

The Village celebrated the decision in a statement.

“We are pleased with the court’s decision and look forward to moving ahead with the Osceola Bluffs development,” said administrator Devin Swanberg. “This project represents significant economic and community benefits for the Village, and we’re excited to take the next steps.”

The day after the Supreme Court’s decision, the Polk County Circuit Court followed its orders, dismissed the case, and lifted a restraining order that prevented work on the project while the case was being considered.

It is now unclear how any development that would be visible from the St. Croix River could be blocked. When the St. Croix River was designated by the federal government as Wild and Scenic in the 1960s and 1970s, the state of Wisconsin followed suit by passing laws intended to bolster protection. While those laws remain on the books, if the public is not allowed to bring a lawsuit against projects that violate the statutes, their power is effectively removed.

“Ironically, because the decision is based on standing, the Wis. circuit court’s decision that the city of Osceola improperly granted zoning permissions for this development has not been reviewed on its merits,” Einar E. Hanson, an attorney and board member of the Wild Rivers Conservancy, told the Pioneer Press.

A representative of Gaughan Cos., the Forest Lake, MN-based developer behind the proposal, also told the newspaper they anticipate breaking ground this year.