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Land Use – Venue – Zoning

By: Derek Hawkins//December 7, 2016//

Land Use – Venue – Zoning

By: Derek Hawkins//December 7, 2016//

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WI Court of Appeals – District IV

Case Name: Oak Park Quarry, LLC v. Dane County Board of Adjustment

Case No.: 2016AP590

Officials: Kloppenburg, P.J., Sherman and Blanchard, JJ

Focus: Land Use – Venue – Zoning

Oak Park Quarry, LLC, appeals a circuit court order that affirmed a decision of the Dane County Board of Adjustment regarding Oak Park’s claim that its property has a legal non-conforming use status allowing mineral extraction without a conditional use permit. Oak Park contends that: (1) he quarry on its property qualifies as a registered non-conforming use; (2) the Board’s procedural rules prevented Oak Park from fully presenting its case; (3) Oak Park’s challenge to the zoning administrator’s 1969 rejection of an application for a registered non-conforming use on the property was timely under the unique facts of this case; and (4) the Board erred by determining that it was not the proper venue to resolve disputes over Oak Park’s land use. We affirm the Board’s determination.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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