Building Permit – Vested Rights

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WI Court of Appeals – District IV

Case Name: Golden Sands Diary, LLC et al v. Town of Saratoga, et al

Case No.: 2015AP1258

Officials: Higginbotham, J.

Focus: Building Permit – Vested Rights

This is an appeal of the second case arising out of a dispute between the Town of Saratoga and Golden Sands Dairy, LLC. The dispute involves Golden Sands’ efforts to develop and operate what it identifies as an “integrated dairy farm” on approximately 6388 acres of land located in the Town. The primary issue in the first appeal (Golden Sands I) related to whether Golden Sands had acquired vested rights to a building permit allowing Golden Sands to construct seven farm buildings. Golden Sands Dairy, LLC v. Fuehrer, No. 2013AP1468, unpublished slip op. ¶1 (WI App July 24, 2014). We concluded in Golden Sands I that Golden Sands met all of the requisite criteria to obtain a vested right to a building permit issued for the construction of the seven farm buildings and ordered the Town to issue a building permit to Golden Sands. Id., Here, the Town appeals a later decision of the circuit court in the second case, granting summary judgment to Golden Sands. The court declared that the vested rights Golden Sands acquired to a building permit extended to Golden Sands’ right to a nonconforming use exception to new use zoning. More specifically, the court declared that Golden Sands had the right to use of approximately 6388 acres of land for agricultural purposes associated with the buildings that were the subject of its building application, even though such use conflicted with zoning enacted by the Town after Golden Sands filed its building permit application. We agree with the Town that Golden Sands has not established a vested right to the nonconforming agricultural use of 6388 acres. Accordingly, we reverse the summary judgment order entered in favor of Golden Sands and remand with directions to enter summary judgment in favor of the Town.

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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.