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KENOSHA COUNTY v. TOWN OF PARIS

No. 87-2103.

148 Wis.2d 175 (1988)

434 N.W.2d 801

KENOSHA COUNTY, Plaintiff-Appellant-Cross Respondent, v. TOWN OF PARIS, Defendant-Respondent-Cross Appellant.

Court of Appeals of Wisconsin.

Decided December 7, 1988.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant-cross respondent, there were briefs by Frank Volpintesta, corporation counsel for Kenosha county, and Dolores A. Bomrad, assistant corporation counsel for Kenosha county. There was oral argument by Frank Volpintesta.

On behalf of the defendant-respondent-cross appellant, there were briefs by L.C. Hammond, Jr. and James H. Baxter, III of Quarles & Brady, of Milwaukee. There was oral argument by James Baxter.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

This appeal and cross-appeal concern the validity of a zoning ordinance for the Town of Paris (the town). We conclude that Kenosha county (the county) properly withdrew its approval of the town's ordinance in 1968. Further, we conclude that the various statutory and equitable defenses raised by the town are inapplicable. We therefore reverse the judgment except for the trial court's award of attorney's fees as a sanction against the county.

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