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SMART v. DANE COUNTY BD. OF ADJ.

No. 91-1894.

177 Wis.2d 445 (1993)

501 N.W.2d 782

F. James SMART, Plaintiff-Respondent-Petitioner, v. DANE COUNTY BOARD OF ADJUSTMENTS and Dane County, Defendants, WINGRA STONE COMPANY, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 23, 1993.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by Frank J. Bucaida, Richard E. Petershack and Axley Brynelson, Madison and oral argument by Mr. Petershack.

For the defendant-appellant there was a brief by Bruce K. Kaufmann and Jenswold, Studt, Hanson, Clark & Kaufmann, Madison and oral argument by Lawrence E. Bechler.

JON P. WILCOX, J.

This is a review under sec. (Rule) 809.62, Stats., of an unpublished court of appeals' decision reversing an order of the Dane County Circuit Court, Judge Michael N. Nowakowski, which reversed a decision of the Dane County Board of Adjustment (Board). The Board affirmed a determination of the Dane County Zoning Administrator, William Fleck, that Wingra Stone Company be allowed to expand its mining operation onto an adjacent 40 acre parcel of land...

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