By: dmc-admin//June 7, 2010//
Property
Zoning; nonconforming uses
Players Pizza & Pub, LLP, (Players) appeals from an order affirming the decision of the board of Zoning Appeals for the City of Oshkosh. In this zoning case, the circuit court upheld the board's determination that Players' parking lot, which existed as a legal, nonconforming use prior to 2005, was removed and reconstructed such that it now needed to conform to zoning code drainage and setback standards. Players contends that the board acted arbitrarily and unreasonably when it interpreted the code and applied it to the work done on the parking lot. Players asserts that the work performed was not reconstruction, and that Players should be permitted to continue the use of its nonconforming parking lot. We agree and reverse the order of the circuit court. Not recommended for publication in the official reports.
2009AP1259 Players Pizza & Pub LLP v. City of Oshkosh
Dist II, Winnebago County, Woldt, J., Snyder, J.
Attorneys: For Appellant: Koehler, Charles D., Appleton; For Respondent: Carlson, Richard J., Appleton