02-1683 State v. Jackson County Board of Adjustments, et al. (58259)

By: dmc-admin//December 9, 2002//

By: dmc-admin//December 9, 2002//

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The State appeals a judgment affirming a decision of the Jackson County Board of Adjustment to grant a zoning variance. The variance gives Roger Heineck authorization to improve a structure that lies close to the Black River. The State contends that the board used an erroneous legal standard to approve Heineck’s petition.

We agree and therefore reverse with instructions to remand the matter to the board for a re-determination under the proper legal standard.

This opinion will not be published.

Dist IV, Jackson County, Radcliffe, J., Per Curiam

Attorneys:

For Appellant: Joanne F. Kloppenburg, Madison

For Respondent: Gerald W. Laabs, Black River Falls; Paul B. Millis, Black River Falls; Berton D. Sherman, Black River Falls

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