By: dmc-admin//February 4, 2002//
“We agree that towns have only the powers delegated to them, and they exercise zoning power pursuant to the general zoning statutes. [citation]. Nevertheless, § 293.41 is an express delegation to towns of the power to enter into local agreements with mining companies. Section 293.41 is also more recent and more specific than the general zoning statutes and therefore creates an exception….
“Wisconsin Stat. § 293.41 unambiguously authorizes local governments to make mining development agreements with towns. The agreement between the Town and Nicolet properly resolved all zoning and permit issues between the parties. It is valid and enforceable. As a result, the Town’s resolution to rescind the local agreement was invalid.”
Judgment affirmed.
Recommended for publication in the official reports.
Dist III, Forest County, Geske, J., Hoover, P.J.
Attorneys:
For Appellant: Janet Kelly, Madison; William . O’Connor, Madison; Glenn M. Stoddard, Madison; Mary Beth Peranteau, Madison
For Respondent: James L. Huston, Milwaukee