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01-3471, 01-3472, 01-3473, 01-3474, 01-3475, 01-3476, 01-3477, 01-3478, 01-3479, 01-3480, 01-3481, 01-3482, 01-3483, 01-3484, 01-3485, 01-3486, 01-3487, 01-3488, 01-3489, 01-3490 Village of Trempealeau v. Mikrut

By: dmc-admin//May 20, 2002//

01-3471, 01-3472, 01-3473, 01-3474, 01-3475, 01-3476, 01-3477, 01-3478, 01-3479, 01-3480, 01-3481, 01-3482, 01-3483, 01-3484, 01-3485, 01-3486, 01-3487, 01-3488, 01-3489, 01-3490 Village of Trempealeau v. Mikrut

By: dmc-admin//May 20, 2002//

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Mike Mikrut appeals a judgment finding him guilty of violating Village of Trempealeau, Wis., Ordinances secs. 8-4-8, 9-1-1, and 10-1-28(d) (2000), relating to the storage of junk vehicles and operation of junk and salvage yards. The trial court imposed a forfeiture of $1,532 for the violation of each ordinance resulting in forfeitures of $459 per day. The trial court found that the violations were continuous from the date the citations were issued to the day of the trial for a total of 227 days. The total of the forfeitures assessed against Mikrut was $104,193.

Mikrut makes numerous arguments on appeal. He argues that: (1) he did not need a conditional use permit to operate his business; (2) his use of the property is a valid nonconforming use; (3) the citations do not comply with the ordinance; (4) the evidence is insufficient to support a finding of guilt; (5) there is no basis for the assessment of the $153 forfeiture for each violation; and (6) equitable estoppel should bar the Village from enforcing the ordinances.

We disagree and affirm the judgment.

This opinion will not be published.

Dist III, Trempealeau County, Damon, J., Peterson, J.

Attorneys:

For Appellant: William P. Skemp, La Crosse

For Respondent: Paul B. Millis, Black River Falls

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