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SNYDER v. WAUKESHA COUNTY ZONING BOARD

No. 75-185.

74 Wis.2d 468 (1976)

247 N.W.2d 98

SNYDER, Appellant, v. WAUKESHA COUNTY ZONING BOARD OF ADJUSTMENT, Respondent.

Supreme Court of Wisconsin.

Decided November 30, 1976.

Attorney(s) appearing for the Case

For the appellant there was a brief by Herro, Snyder, Chapman & Snyder, and oral argument by Patrick L. Snyder, all of Oconomowoc.

For the respondent there was a brief by Willis J. Zick, Waukesha County, Corporation Counsel and oral argument by August Fabyan of Waukesha.

A brief amicus curiae on behalf of Alfred V. Jurevics was filed by Love, Brown, Love & Phillips of Waukesha.

HANLEY, J.

The sole issue presented on these appeals is whether the board of adjustment properly exercised its administrative discretion in denying appellant's applications for variance.

Appellant seeks a variance from the ordinance enacted pursuant to sec. 59.971, Stats. Under sec. 59.99 (7) (c), Stats., the county board of adjustment is empowered

"[t]o authorize upon appeal in specific cases such variance from the terms of the ordinance as will not...

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