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Tag Archives: Zoning

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 ...

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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.

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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 ...

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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) ...

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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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