01-2629 Town of Delavan v. Suriano, et al.

By: dmc-admin//March 18, 2002//

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Greater Geneva Group Inc. (Geneva Group), appeals from a summary judgment in favor of the Town of Delavan. The order for judgment permanently enjoins Geneva Group from operating an adult entertainment establishment, Exotica V, at its present location in the Town of Delavan. The injunction was issued because Exotica V was operating within 750 feet of a park in violation of the Walworth County Shoreland Zoning Ordinances.

We reach two holdings that dispose of this appeal. First, we hold that the law of exhaustion of administrative remedies did not preclude the Town’s injunction action. Second, we hold that Geneva Group’s use of the property was not a valid nonconforming use.

Accordingly, we affirm the grant of summary judgment to the Town.

Not recommended for publication in the official reports.

Dist II, Walworth County, Kennedy, J., Nettesheim, P.J.

Attorneys:

For Appellant: Stephen M. Compton, Delavan

For Respondent: Steven R. Wassel, Delavan; Steven C. Harvey, Delavan

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