Due Process Violation

By: Derek Hawkins//March 27, 2019//

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WI Court of Appeals – District IV

Case Name: Town of Little Wolf v. Waupaca County, et al.

Case No.: 2017AP1941

Officials: Lundsten, P.J., Sherman and Kloppenburg, JJ.

Focus: Due Process Violation

The Town of Little Wolf appeals an order of the circuit court affirming the decision of the Waupaca County Board of Adjustment that the Thiel Pit, a nonmetallic mine, is a lawful nonconforming use and is, therefore, not subject to Waupaca County’s newly enacted nonmetallic mining ordinance. The Town contends that the Board of Adjustment erred in determining that the Thiel Pit is a lawful nonconforming use. The Town also contends that the Board of Adjustment erred by failing to consider whether the Thiel Pit is a nuisance, that the Board of Adjustment violated the Town’s due process rights, and that the Waupaca County Zoning Department’s attorney had a conflict of interest. For the reasons discussed below, we affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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