Setback Variance

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WI Court of Appeals – District II

Case Name: Gail Moreschi v. Village of Williams Bay, et al.

Case No.: 2018AP283

Officials: Reilly, P.J, Gundrum and Hagedorn, JJ.

Focus: Setback Variance

William and Suzanne Edwards wanted to rebuild their home, but their plans required a setback variance. They sought and received the variance from the Village of Williams Bay and Town of Linn Extraterritorial Zoning Board of Appeals (the Board). One of their neighbors, Gail Moreschi, was not pleased and filed a certiorari complaint challenging the Board’s decision. The circuit court denied the challenge, as do we.

Moreschi objects to the decision on both procedural and substantive grounds. Procedurally, she challenges the content of the record before us, asserting that the Board improperly filed new minutes and issued a new decision after she brought suit, along with various swings-and-misses by the Board in complying with certain deadlines. We find none of these challenges availing. Moreschi filed suit before the Board had formalized its decision following the public hearing. Moreschi cites no authority for the proposition that the Board cannot complete its work under these circumstances. Substantively, Moreschi maintains that the Board’s decision was unreasonable and unsupported. This challenge too falls flat. 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.