01-2161-FT Polk County v. Blanski

By: dmc-admin//January 28, 2002//

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Polk County appeals an order dismissing its complaint against Jeff and Dawn Blanski for violating Polk County, Wis., Shoreland Protection Zoning Ordinances, art. XII, sec. 12.3B (1991). The ordinance prohibits more than one dwelling on a property. A violation is punishable by a forfeiture. A jury found that the Blanskis had not violated the ordinance. The County argues that the trial court erred by improperly instructing the jury as to the burden of proof and the definition of “dwelling.”

We agree and reverse and remand to the trial court for further proceedings consistent with this opinion.

This opinion will not be published.

Dist III, Polk County, Rasmussen, J., Peterson, J.

Attorneys:

For Appellant: Robert L. Hachey, Balsam Lake; Jeffrey B. Fuge, Balsam Lake

For Respondent: Bruce P. Anderson, Balsam Lake

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