01-2986 Lessard v. Burnett County Board of Adjustment (57410)

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We reject plaintiffs’ claims that the board acted without a reasonable basis and contrary to law; we find that the board reasonably found that the preexisting use was only 21 sites, and correctly found that the jump to 44 sites was not a mere increase of a preexisting use but an expansion to which the ordinance applied.

The board also found that even if the plaintiffs had shown that the campground had in fact been operating 44 sites at some point in the past, their failure to license more than 21 sites demonstrated that the 44-site use had been discontinued for over one year, allowing the board to apply the ordinance to the requested expansion.

Plaintiffs offer no persuasive authority for their claim that the discontinuance provision should not apply; proof of intent to abandon is not required, and the conditions attached to the permit have a rational basis.

Affirmed.

Recommended for publication in the official reports.

Dist III, Burnett County, Harrington, J., Cane, C.J.

Attorneys:

For Appellant: William L. Norine, Grantsburg

For Respondent: David L. Grindell, Siren