Court Error – Conditional Use Permit

By: Derek Hawkins//August 21, 2019//

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WI Court of Appeals – District II

Case Name: Eco-Site, LLC, et al. v. Town of Cedarburg

Case No.: 2018AP580

Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.

Focus: Court Error – Conditional Use Permit

This case involves the siting of a cell tower in the middle of a rural area in the Town of Cedarburg. Those proposing the tower— Eco-Site, LLC f/k/a Eco-Site, Inc., Scott R. and Patricia A. Akerlund—appeal from a judgment of the circuit court upholding the Town’s denial of the application for a conditional use permit (CUP) for the tower. Because the Town proceeded on a correct theory of law when it determined that the tower was incompatible with the uses, values, and enjoyment of the other property in the area under its ordinance, and this decision was supported by substantial evidence, 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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