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Municipalities – zoning — setbacks

Wisconsin Court of Appeals


Municipalities – zoning — setbacks

Jackson County brought a zoning enforcement action against Sherrie Wollin, alleging that Wollin violated the County’s setback zoning ordinance by constructing a two-car garage that lies closer to a county highway than the ordinance permits. The circuit court granted summary judgment in favor of the County and issued an injunction requiring Wollin to remove the garage. Wollin argues on appeal that the circuit court erroneously exercised its discretion in ordering Wollin to remove the garage without first considering and weighing the applicable equitable factors set forth in Forest County v. Goode, 219 Wis. 2d 654, 684, 579 N.W.2d 715 (1998). We disagree and conclude that Wollin failed to preserve the issue before the circuit court, fails to present a developed legal argument on appeal, and also fails to persuade us that the circuit court did not properly exercise its discretion in granting injunctive relief to the County. Accordingly, we affirm. Not recommended for publication in the official reports.

2011AP1986 Jackson County v. Wollin et al

Dist IV, Jackson County, Damon, J., Higginbotham, J.

Attorneys: For Appellant: Skemp, William G., La Crosse; Zalewski, Richard W., Wausau; For Respondent: Millis, Paul B., Black River Falls; Steffes, Ryan, Eau Claire

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