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STATE EX REL. B'NAI B'RITH F. v. WALWORTH COUNTY

No. 408.

59 Wis.2d 296 (1973)

208 N.W.2d 113

STATE EX REL. B'NAI B'RITH FOUNDATION OF THE UNITED STATES, Appellant, v. WALWORTH COUNTY BOARD OF ADJUSTMENT and others, Respondents.

Supreme Court of Wisconsin.

Decided June 18, 1973.

Attorney(s) appearing for the Case

For the appellant there were briefs by Quarles, Herriott, Clemons, Teschner & Noelke, attorneys, and Maxwell H. Herriott and Steven R. Duback of counsel, all of Milwaukee, and oral argument by Maxwell H. Herriott.

For respondent Walworth County Board of Adjustment there was a brief and oral argument by William L. Seymour, corporation counsel.

For respondents Lauderdale Lakes Improvement Association and James and Dorothy Dow there was a brief by Milton E. Neshek and Richard A. Howarth, Jr., and Godfrey, Neshek, Worth & Howarth, S. C., all of Elkhorn, and oral argument by Milton E. Neshek.

WILKIE, J.

Two issues are raised by this appeal:

1. Did the trial court err in its ruling that the evidence established the use to which appellant intended to put its property was not within either of the two Walworth county zoning ordinances?

2. Do the Walworth county zoning ordinances violate appellant's rights under the United States and Wisconsin Constitutions?

Is intended use within zoning...

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