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WEBER v. TOWN OF SAUKVILLE

No. 94-2336.

197 Wis.2d 830 (1995)

541 N.W.2d 221

Merlin WEBER, Barbara Weber, Ryan Weber, Robert Guetchidjian, Jane Guetchidjian and Robert A. Guetchidjian, on their own behalf and on behalf of all others similarly situated, Plaintiffs-Respondents-Cross Appellants, v. TOWN OF SAUKVILLE, Marvin O. Hoffman, Town Supervisor, Albin E. Vande Boom, Town Supervisor, and Paul H. Brunnquell, Town Supervisor, Defendants, PAYNE & DOLAN, INC., Intervening Defendant-Appellant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided October 25, 1995.

Attorney(s) appearing for the Case

On behalf of the intervening defendant-appellant-cross respondent, the cause was submitted on the briefs of William F. White and Kimberly Cash Tate of Michael, Best & Friedrich of Madison.

On behalf of the plaintiffs-respondents-cross appellants, the cause was submitted on the briefs of Alan Marcuvitz and Andrea Roschke of Weiss, Berzowski, Brady & Donahue of Milwaukee.

On behalf of the Wisconsin Road Builders Association, there was a brief by Paul G. Kent, Donald Leo Bach and Todd Palmer of DeWitt, Ross & Stevens, S.C. of Madison.

Before Anderson, P.J., Nettesheim and Snyder, JJ.

SNYDER, J.

Payne & Dolan, Inc. appeals a summary judgment order in favor of the respondents, ruling that a conditional use permit for mineral extraction was invalid because it authorized activities not allowed under the Town of Saukville Zoning Code (code), specifically, blasting and crushing. The court also found that Saukville had not followed procedures in the code relating to the application process and the public notice requirement.

The respondents...

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