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