01-3025 The Town of Dayton, et al. v. The Waupaca County Zoning Board of Adjustment, et al. (58103)

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The Waupaca County Zoning Board of Adjustment and Carew Concrete & Supply Co. Inc., appeal a judgment which reversed the board’s approval of Carew’s application for a conditional use permit. The Waupaca County Zoning Committee had denied Carew’s application for the permit, but the board reversed that action and granted a permit subject to certain conditions. Carew and the board claim the circuit court erred in setting aside the board’s issuance of the conditional use permit. We conclude, however, that the board exceeded its limited authority to review the zoning committee’s decision for an erroneous interpretation of the governing zoning ordinance.

We also conclude that the committee’s denial was reasonable and supported by the evidence before it.

Accordingly, we affirm the circuit court judgment which set aside the board’s action, thereby reinstating the zoning committee’s denial of Carew’s permit.

Not recommended for publication in the official reports.

Dist IV, Waupaca County, Kirk, J.

Attorneys:

For Appellant: Randall A. Haak, Kaukauna; Christine M. Wanless, Kaukauna

For Respondent: Thomas A. Maroney, Waupaca; Stephen F. Hansen, Waupaca