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STATE v. OZAUKEE BOARD OF ADJUSTMENT

No. 89-0016.

152 Wis.2d 552 (1989)

449 N.W.2d 47

STATE of Wisconsin, Petitioner-Appellant, v. OZAUKEE COUNTY BOARD OF ADJUSTMENT, Respondent.

Court of Appeals of Wisconsin.

Decided October 4, 1989.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Donald J. Hanaway, attorney general and Thomas L. Dosch, assistant attorney general.

On behalf of the respondent, the cause was submitted on the brief of Dennis E. Kenealy, corporation counsel.

Before Brown, P.J., Scott, J., and Robert J. Parins, Reserve Judge.

BROWN, P.J.

In this zoning case, the circuit court upheld the Ozaukee County Board of Adjustment's decision granting four variances from ordinances governing shoreland and floodplain property. The state of Wisconsin appeals and we reverse, holding that the board acted outside its jurisdiction, granted the variances upon insufficient evidence, and reached decisions that represented its will and not its judgment.

At issue in this case is an approximately seven...

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