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 […]
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 […]
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, […]
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