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Zoning Law-Certiorari Review

By: WISCONSIN LAW JOURNAL STAFF//November 20, 2023//

Zoning Law-Certiorari Review

By: WISCONSIN LAW JOURNAL STAFF//November 20, 2023//

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WI Court of Appeals – District III

Case Name: Eagle Cove Camp & Conference Center, Inc. v. Oneida County Board of Adjustment

Case No.: 2022AP001069

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Zoning Law-Certiorari Review

Eagle Cove Camp & Conference Center, Inc. (Eagle Cove), appeals from the circuit court’s order denying its petition for certiorari relief and affirming the decision of the Oneida County Board of Adjustment (the Board), which denied Eagle Cove’s application for a conditional use permit (CUP). Eagle Cove seeks to build a Bible camp on property located in the Town of Woodboro in Oneida County. The Board denied Eagle Cove’s CUP on the basis that recreational camps are not permitted uses of property in the zoning districts where Eagle Cove’s property is located.

The Seventh Circuit ruled that Eagle Cove is merely asking it to reweigh the evidence to reach a different conclusion. Reweighing the evidence is something the court cannot do under its standard of review, and it must presume that the Board’s decision is correct and valid, absent evidence to the contrary. Eagle Cove has not met its burden to provide that evidence to the contrary.

Affirmed.

Decided 11/14/23

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