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GABRIEL v. VILLAGE OF WIND POINT

No. 90-0436.

157 Wis.2d 668 (1990)

460 N.W.2d 800

George GABRIEL, Dian Gabriel, James Chaplin and Carolyn Chaplin, Plaintiffs-Appellants, v. VILLAGE OF WIND POINT, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 8, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Duane L. Arena of Duane L. Arena, S.C. of Racine.

On behalf of the defendant-respondent, the cause was submitted on the brief of Thomas W. Tollaksen of Foley, Dye, Foley & Tollaksen, S.C. of Racine; and of counsel, John V. Casanova of Capwell, Berthelsen, Nolden, Casanova, Pitts & Kallenbach, Ltd. of Racine.

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

SCOTT, J.

George and Dian Gabriel and James and Carolyn Chaplin (collectively "Gabriel") appeal from a summary judgment affirming the Village of Wind Point's granting of a conditional use permit. We reject Gabriel's argument that the village board abused its discretion by granting the permit. We therefore affirm.

The village by ordinance designated a certain natural area an Environmental Preservation Overlay District...

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