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00-2564 The Kraemer Company LLC v. Sauk County Board of Adjustment

By: dmc-admin//October 1, 2001//

00-2564 The Kraemer Company LLC v. Sauk County Board of Adjustment

By: dmc-admin//October 1, 2001//

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This appeal concerns the interpretation of a Sauk County Zoning Ordinance prohibiting mineral extraction activities on agricultural land absent a special exception permit. The Kraemer Company, LLC, owner of a quarry in Sauk County, complains that the Sauk County Board of Adjustment incorrectly concluded that Kraemer Company was not entitled to operate its quarry without a special exception permit. In the alternative, Kraemer Company asserts that the Board of Adjustment improperly denied Kraemer Company’s request for a special exception permit. The circuit court held that Kraemer Company was entitled to operate the quarry without a special exception permit and reversed the Board of Adjustment. Consequently, the circuit court did not reach the question of whether the Board improperly denied the special exception permit. For the reasons that follow, we reverse the circuit court’s decision concluding that no special exception permit was needed for Kraemer Company to operate the quarry.

We also affirm the Board of Adjustment’s decision denying a special exception permit. Not recommended for publication in the official reports.

Dist IV, Sauk County, Wright, J., Lundsten, J.

Attorneys:

For Appellant: Margaret Vergeront, Madison

For Respondent: Thomas P. Heneghan, Madison

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