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2010AP2178 Hussein v. Village of Germantown Board of Zoning Appeals

By: WISCONSIN LAW JOURNAL STAFF//May 25, 2011//

2010AP2178 Hussein v. Village of Germantown Board of Zoning Appeals

By: WISCONSIN LAW JOURNAL STAFF//May 25, 2011//

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Property
Zoning; conditional use permits

A revision to a municipality’s zoning code that causes a property to become a legal nonconforming use results in the CUP losing its enforceability and the property gaining the vested right to continue its historically allowed use. “We hold that in 1988 when the village eliminated the selling of cars as a conditional use in general business districts that Hussein’s 1973 CUP was voided, and Hussein was instead left with a legal nonconforming use to sell cars. A CUP, but its very name, can only be granted to uses that are defined as conditional in a zoning code. When the village eliminated the sale of cars as a conditional use it lost the power to grant a CUP for such activity. Thus, the village cannot enforce the strictures of the 1973 CUP against Hussein.”

Affirmed.

Recommended for publication in the official reports.

2010AP2178 Hussein v. Village of Germantown Board of Zoning Appeals

Dist. II, Washington County, Resheske, J., Reilly, J.

Attorneys: For Appellant: Pollen, Raymond J., Milwaukee; Bitar, Remzy D., Milwaukee; For Respondent: Hammes, James W., Waukesha

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