02-0340 Horlacher v. Eau Claire County Board of Land Use Appeals, et al. (57619)

By: dmc-admin//August 5, 2002//

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Randall and Trudy Horlacher appeal a judgment affirming the grant of a conditional use permit to build a telecommunications tower on land zoned exclusively agricultural. The Horlachers argue that the Eau Claire County Board of Land Use Appeals erred when it granted the conditional use permit because the tower is not consistent with agricultural use and therefore is not a permitted use in a district zoned A-1 agricultural. The County argues that the Horlachers waived any argument regarding the board’s interpretation of the ordinance and that the board applied the appropriate legal standards to the facts when it considered the application.

We agree with the County and therefore affirm the grant of the conditional use permit.

This opinion will not be published.

Dist III, Eau Claire County, Proctor, J., Per Curiam

Attorneys:

For Appellant: Matthew A. Biegert, New Richmond

For Respondent: Keith R. Zehms, Eau Claire

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