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KLINGER v. ONEIDA COUNTY

No. 87-2250.

146 Wis.2d 158 (1988)

430 N.W.2d 596

Melvin E. KLINGER, Petitioner-Respondent, v. ONEIDA COUNTY and Oneida County Board of Adjustment, Respondents-Appellants.

Court of Appeals of Wisconsin.

Decided August 2, 1988.

Attorney(s) appearing for the Case

For respondents-appellants there was a brief by Brian E. Pawlak, Assistant Corporation Counsel, of Rhinelander.

For petitioner-respondent there was a brief by Sharon M. Gisselman, of Wausau.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Oneida County and the Oneida County Board of Adjustment appeal an order granting Melvin Klinger a variance to Oneida County ordinance 9.90.A.4 (1986). Oneida County contends that the court applied the wrong standard of review when, pursuant to a petition for certiorari under sec. 59.99(10), Stats., the court reversed the unanimous decision of the board denying Klinger a variance. Because we conclude that the court improperly reviewed the matter de novo rather...

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