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SCHALOW v. WAUPACA COUNTY

No. 86-1766.

139 Wis.2d 284 (1987)

407 N.W.2d 316

Kenneth C. SCHALOW and Louise A. Schalow, his wife, Petitioners-Appellants, v. WAUPACA COUNTY and Waupaca County Board of Adjustment, Petitioners.

Court of Appeals of Wisconsin.

Decided April 16, 1987.

Attorney(s) appearing for the Case

For the petitioners-appellants the cause was submitted on the brief of Timothy T. Kay and Karius & Kay, of Brookfield.

For the respondents the cause was submitted on the brief of James H. Fasbender, assistant district attorney.

Before Gartzke, P.J., Eich and Sundby, JJ.

SUNDBY, J.

Kenneth and Louise Schalow appeal a judgment and an order dismissing their petition for a writ of certiorari to review the county board of adjustment's denial of their application for variances from the county zoning ordinance. We conclude that in several respects the board acted contrary to law, its finding that the Schalows' proposed dwelling is too large for their lot is not supported by evidence, and the board erroneously concluded that the hardship...

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