00-1231 Town of Beloit v. County of Rock

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“Moreover, a review of statutory law leads us to conclude that the legislature has considered and approved of municipal bodies acting in the dual role of subdivider and reviewing authority. … Finally, affidavits submitted by the Town indicate that it was required to and did submit its plat proposal to not only the Town’s Planning Commission, a separate entity from the Town’s Board of Supervisors, but also to the State of Wisconsin, the City of Beloit Plan Commission, and the Rock County Planning and Development Agency. Accordingly, we are less concerned here with a possible conflict of interest than we would be if the Town were the sole reviewing body.

“In addition, we conclude that the town’s expenditure of tax revenues to develop the land serves a public purpose where it increases the tax base and enhances the economic climate of the community.”

Reversed and remanded for further proceedings.

Recommended for publication in the official reports.

Dist IV, Rock County, Johnston, J., Lundsten, J.

Attorneys:

For Appellant: Kenneth W. Forbeck, Beloit

For Respondent: Eugene R. Dumas, Janesville