A lawsuit between a Milwaukee urban planner and the city of Wauwatosa will move forward after Milwaukee County Circuit Court Judge Christopher Foley signed an alternative writ of mandamus.
Read More »Tag Archives: Zoning
Realtors association ‘disappointed’ by Supreme Court zoning decision
The Wisconsin REALTORS Association said it's "disappointed" by a recent Wisconsin Supreme Court decision preventing a northern Wisconsin resident from subdividing his shoreland property.
Read More »Shoreland ordinance not zoning ordinance, Supreme Court majority rules
The Wisconsin Supreme Court analyzed what defines a zoning ordinance in an opinion released on Wednesday. The majority of the justices ruled that a northern Wisconsin town’s shoreland property ordinance was not a zoning ordinance because it didn’t restrict how land was being used. It only defined how wide shoreland property needs to be. The case at hand started in 2016 in ...
Read More »State Supreme Court considers certiorari-triggering event in zoning lawsuit
In a lawsuit involving a Walworth County zoning ordinance, the Wisconsin Supreme Court considered what sorts of events can lead to a certiorari-review action.
Read More »Saratoga appeals dairy farm decision
A small town in central Wisconsin is continuing its legal battle against a proposed dairy farm that's expected to be classified as a concentrated animal feeding operation with 5,300 animals.
Read More »Municipalities – zoning — area variances
2012AP170 Michaels v. Town of Farmington et al.
Read More »Property – zoning — ambiguity
2011AP2224 Feuerstein v. Sawyer County Board of Appeals
Read More »Property – zoning — nonconforming uses
2010AP1759 Town of Bradford v. Merriam, et al.
Read More »Municipalities – zoning — mining
2010AP2398 Zwiefelhofer v. Town of Cooks Valley
Read More »Municipalities – zoning — constitutionality
2011AP663 Guse v. City of New Berlin
Read More »Wisconsin lawyer ‘too busy’ for client, forfeits $2K retainer
Among the worst things to say to a client, “I’m too busy for you” certainly ranks right up there. One Wisconsin lawyer has learned that rather elementary lesson the hard way.
Read More »2010AP1778 Gage Inc. LLP v. Village of Sister Bay
Municipalities Zoning; conditional use permits
Read More »2010AP2178 Hussein v. Village of Germantown Board of Zoning Appeals
Property Zoning; conditional use permits A revision to a municipality’s zoning code that causes a property to become a legal nonconforming use results in the CUP losing its enforceability and the property gaining the vested right to continue its historically allowed use. “We hold that in 1988 when the village eliminated the selling of cars as a conditional use in ...
Read More »2010AP2530 State ex rel. Mueller v. Chippewa County Zoning Board of Adjustment
Property Zoning; variances; undue hardship The Chippewa County Zoning Board of Adjustment appeals a circuit court judgment reversing its decision to deny Mark and Barbara Mueller an after-the-fact area variance. The Board contends the Muellers did not make the unnecessary hardship showing required to obtain an area variance because: (1) the alleged hardship is not unique to their property; (2) ...
Read More »2010AP70 Acevedo v. City of Kenosha
Municipalities Zoning; certiorari Certiorari review of a zoning decision must be sought against the zoning board of appeals, not the municipality. “Looking first at the city planning statute, Wis. Stat. § 62.23(7)(e)10. provides: Any person or persons, jointly or severally aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board or bureau of ...
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