Municipalities — building permits

Listen to this article

Wisconsin Court of Appeals

Civil

Municipalities — building permits

The Town of Saratoga appeals a decision of the circuit court granting a writ of mandamus compelling the Town, via its building inspector, to issue a building permit to Golden Sands Dairy, LLC, for the construction of seven farm buildings. The Town argues that the circuit court erred in granting the writ for four reasons: (1) Golden Sands did not have a vested right in the building permit; (2) the building inspector did not have a positive and plain duty to issue the permit; (3) Golden Sands would not suffer substantial harm if the permit were denied; and (4) Golden Sands has an adequate alternative remedy to mandamus through a separate lawsuit pending between Golden Sands and the Town.

For the following reasons, we reject each of these arguments and affirm the decision of the circuit court. Not recommended for publication in the official reports.

2013AP1468 Golden Sands Dairy LLC v. Fuehrer et al.

Dist IV, Wood County, Eagon, J., Blancard, P.J.

Attorneys: For Appellant: Braithwaite, Ryan, Milwaukee; Bitar, Remzy D., Milwaukee; For Respondent: Formella, Brian G., Stevens Point; Hemaidan, Jordan J., Madison; O’Callaghan, Daniel A., Madison; Salman, Tanya, Madison; Lubinsky, Lori M., Madison