By: Derek Hawkins//June 27, 2018//
WI Supreme Court
Case Name: Golden Sands Diary LLC, v. Town of Saratoga, et al.
Case No.: 2018 WI 61
Focus: Building Permit Rule – Extension of Land
Wisconsin has long provided a vested right to build a structure upon the filing of a building permit application that strictly conforms to all applicable zoning regulations (the “Building Permit Rule”)——a doctrine we reaffirmed last term in McKee Family I, LLC v. City of Fitchburg, 2017 WI 34, 374 Wis. 2d 487, 893 N.W.2d 12. Golden Sands Dairy, LLC (“Golden Sands”), either owns outright (or is under contract to purchase) what collectively amounts to 6,388 acres in and around the Town of Saratoga (“Saratoga”) on which it seeks to operate a farm using the “farming full circle” model. Golden Sands obtained a building permit for seven farm structures. Its building permit application identified the building site as 100 acres and the total farm as 6,388 acres. Further, Golden Sands included a map with its original building permit application that identified the precise land it would use for its farm and the location of the seven structures.
After Golden Sands filed its building permit application, Saratoga enacted its zoning ordinance that sought to prohibit agricultural uses such as those proposed by Golden Sands. Golden Sands argues that the Building Permit Rule extends to all land specifically identified in a building permit application. Under its proposed modification of the Building Permit Rule, Golden Sands would have a vested right to use all of the Property for agricultural purposes. Saratoga disagrees, arguing that Golden Sands’ building permit is limited to vesting its right to build the seven structures identified in the building permit.
The issue in this case is one of first impression in Wisconsin: does the Building Permit Rule extend to land identified in the building permit application as part of the project upon which no actual construction was planned? The Wood County Circuit Court concluded that the Building Permit Rule does extend to all land identified in the building permit application, and consequently granted Golden Sands’ motion for summary judgment. The court of appeals, however, reversed, holding that the Building Permit Rule applies only to building structures, and not to use of land. Golden Sands Dairy, LLC v. Town of Saratoga, No. 2015AP1258, unpublished slip op. (Wis. Ct. App. April 13, 2017) (Golden Sands II).
We hold that the Building Permit Rule extends to all land specifically identified in a building permit application. Consequently, Golden Sands has a vested right to use all of the Property for agricultural purposes. Therefore, we reverse the decision of the court of appeals.
Reversed
Concur:
Dissent: ABRAHAMSON, J. joined by BRADLEY, A. W., J. dissent (Opinion filed).