2010AP1292 Toubl, et al. v. Town of Beloit

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Wisconsin Court of Appeals
Zoning
Conditional use permits; revocation

This case arises out of the revocation of a conditional use permit (CUP) the Town of Beloit granted to Michael Toubl and James Bryden to operate a bird hunting preserve.

The Town Board of Supervisors revoked the CUP after concluding that Toubl and Bryden violated the terms of the CUP. The two filed this action for a permanent injunction preventing the Town from revoking the CUP.

The circuit court granted the injunction, concluding the Town board’s revocation of the permit was arbitrary.

We agree with the Town that the Town board’s action was reasonable and not arbitrary. Accordingly, we reverse the circuit court’s order granting the injunction against the Town. Not recommended for publication in the official reports.

2010AP1292 Toubl, et al. v. Town of Beloit
Dist IV, Rock County, Welker, J., Vergeront, P.J.
Attorneys: For Appellant: Henderson, William T., Beloit; For Respondent: Koepke, James J., Beloit

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