Municipalities – zoning — area variances

By: WISCONSIN LAW JOURNAL STAFF//January 3, 2013//

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Wisconsin Court of Appeals

Civil

Municipalities – zoning — area variances

Gordon and Kathy Michaels appeal from a judgment affirming the Town of Farmington Board of Zoning Appeals’ (BOZA) decision denying their request for an area variance. The Michaelses argue that they were denied a fair hearing and that the Town’s ordinances effectively impose a permanent moratorium on growth. They also seek attorney fees as “prevailing parties” under 42 U.S.C. § 1988 because of an earlier victory in their efforts to have BOZA consider their variance request. We reject their claims and affirm. This opinion will not be published.

2012AP170 Michaels v. Town of Farmington, et al.

Dist II, Washington County, Muehlbauer, J., Per Curiam

Attorneys: For Appellant: Dall’osto, Raymond M., Milwaukee; Regan, Denis J., Milwaukee; Keppel, Kathryn A., Milwaukee; For Respondent: Eckert, Phillip J., West Bend

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