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2010AP2520 Nelson v. Town of Summit, et al.

By: WISCONSIN LAW JOURNAL STAFF//August 17, 2011//

2010AP2520 Nelson v. Town of Summit, et al.

By: WISCONSIN LAW JOURNAL STAFF//August 17, 2011//

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Municipalities
Zoning variances; appeal

David and Shirley Nelson appeal from an order granting summary judgment in favor of the Town of Summit, n/k/a Village of Summit (for ease, “Summit”), and Waukesha County. The Nelsons argue that they should not have to undertake a futile administrative appeal or other formal challenge to a variance denial. We agree with Summit and the County that the Nelsons’ claims are not ripe until they at least demonstrate futility by pursuing a final decision from the regulatory authority. We affirm. This opinion will not be published.

2010AP2520 Nelson v. Town of Summit, et al.

Dist II, Waukesha County, Mac Davis, J., Per Curiam

Attorneys: For Appellant: Marcuvitz, Alan, Milwaukee; Roschke, Andrea H., Milwaukee; For Respondent: Riffle, H. Stanley, Waukesha; Aquavia, Julie A., Waukesha

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