Municipalities – zoning permits — religious exemptions

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Wisconsin Court of Appeals

Civil

Municipalities – zoning permits — religious exemptions

Jackson County appeals a judgment dismissing a civil forfeiture action against Joni L. Borntreger for failure to obtain a zoning permit from the County for construction of a saw mill on his property before building the saw mill. There is no dispute that Borntreger violated the County’s zoning ordinance by failing to obtain the zoning permit in advance of construction. However, the circuit court dismissed the forfeiture action on the grounds that Borntreger proved that he had a sincerely held religious belief that would be burdened by application of the zoning ordinance at issue and that the County failed to prove that the ordinance is based on a compelling state interest sufficient to justify that burden. This court reverses the judgment of dismissal after concluding that the court lacked a sufficient basis from which it could conclude that Borntreger had a sincerely held religious belief that would be burdened by enforcement of the ordinance. This opinion will not be published.

2012AP162 County of Jackson v. Borntreger

Dist IV, Jackson County, Lister, J., Blanchard, J.

Attorneys: For Appellant: Millis, Paul B., Black River Falls; Steffes, Ryan, Eau Claire; For Respondent: Borntreger, Joni L., pro se