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TOWN OF HUDSON v. BD. OF ADJUSTMENT

No. 90-0287.

158 Wis.2d 263 (1990)

461 N.W.2d 827

TOWN OF HUDSON, a corporate body by its Town Board of Supervisors, Plaintiff-Respondent, v. HUDSON TOWN BOARD OF ADJUSTMENT and J. Joseph Daly, in his capacity as Chairman, Defendants, TRANSPORT CORPORATION OF AMERICA, INC., Intervening Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 25, 1990.

Attorney(s) appearing for the Case

On behalf of the intervening defendant-appellant, the cause was submitted on the briefs of Stephen J. Dunlap of Hudson.

On behalf of plaintiff-respondent, the cause was submitted on the brief of Scott R. Needham of Reinstra, Van Dyk & Needham, S.C. of New Richmond.

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

LaROCQUE, J.

Transport Corporation of America, Inc., appeals a circuit court judgment reversing the Town of Hudson Board of Adjustment's (BOA) decision to grant Transport a special exception permit and reinstating the Hudson Town Board's decision to deny the permit. The court, concluding that the BOA lacked the authority to conduct a de novo hearing, reviewed the town board's decision and found that its denial of the permit was not clearly erroneous. We affirm.

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