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Property – zoning — nonconforming uses

By: WISCONSIN LAW JOURNAL STAFF//July 5, 2012//

Property – zoning — nonconforming uses

By: WISCONSIN LAW JOURNAL STAFF//July 5, 2012//

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Wisconsin Court of Appeals

Civil

Property – zoning — nonconforming uses

The Town of Bradford appeals an order of summary judgment and a judgment of the circuit court in favor of David G. Merriam, the present owner of Shady Hill Mobile Home Court located in Bradford, and Brian Hubreed, the owner of mobile home unit #1 in Shady Hill. The Town brought this action against Merriam and Hubreed claiming that unit #1 encroached upon the Creek Road right-of-way. Merriam counterclaimed, seeking a declaration that

Shady Hill is a valid, nonconforming use and, as such, is not subject to Bradford’s zoning code provisions governing mobile home parks. The circuit court determined that unit #1 does not encroach into the Creek Road right-of-way and that Shady Hill is a nonconforming use and, therefore, not subject to the Town’s zoning ordinances. The circuit court further determined that although Shady Hill is a nonconforming use, the mobile homes located within Shady Hill are subject to the Town’s zoning ordinances if they are replaced or improved by 50 percent in value. We affirm. Not recommended for publication in the official reports.

2010AP1759 Town of Bradford v. Merriam, et al.

Dist IV, Rock County, Forbeck, J., Sherman, J.

Attorneys: For Appellant: Moore, David C., Janesville; Hanson, Karl R., Janesville; For Respondent: Gimbel, Joshua L., Milwaukee; Sager, Susan M., Milwaukee

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