01-0901 Sills, et al. v. Walworth County Land Management

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This is so because we conclude that promotion of the general welfare, one of the stated purposes of the Walworth County Shoreland Zoning Ordinance, encompasses the preservation of historical sites. Therefore, preservation is a valid criterion the committee may use in evaluating a CUP application and we reject the neighbors’ contrary argument.

“[W]e are persuaded that the general welfare is promoted by the preservation of historical sites and maintenance of museums to educate the public and to inspire patriotism and respect for our history. Since this is an aspect of general welfare, the ordinance recognizes preservation or historic benefit as a valid criterion for evaluating a CUP application.

“Further,” we conclude that the decision of the Committee in granting the CUP to Black Point estate was based on substantial evidence. The Committee was not required to consider the applicability of the restrictive covenant in evaluating the CUP application.

Finally, the neighbors failed to make a prima facie showing of an impermissibly high risk of bias to justify allowing additional discovery to supplement the certiorari record. We therefore affirm the circuit court’s order and sustain the Committee’s action in issuing a CUP to Black Point estate.”

Order affirmed.

Recommended for publication in the official reports.

Dist II, Walworth County, Kennedy, J., Brown, J.

Attorneys:

For Appellant: Lisle W. Blackbourn, Elkhorn; Timothy P. Swatek, Lake Geneva; Michael J. Frazier, Elkhorn

For Respondent: Dennis D. Costello, Elkhorn; William P. O’Connor, Madison; John O. Olson, Lake Geneva