CITY OF WAUKESHA v. TOWN BOARD OF WAUKESHA

No. 94-0812, 94-0813, 94-0814, 94-0815.

198 Wis.2d 592 (1995)

543 N.W.2d 515

CITY OF WAUKESHA, Plaintiff-Respondent, v. TOWN BOARD OF the TOWN OF WAUKESHA, Plan Commission of the Town of Waukesha, Jondex Corporation and George Eagan, Jr., Defendants-Appellants. W.T. CORPORATION and Waukesha County, Plaintiffs-Respondents, v. The TOWN OF WAUKESHA, the Plan Commission of the Town of Waukesha, the Town Board of the Town of Waukesha, George Egan, Jr., and Jondex Corporation, Defendants-Appellants. Royal C. NEUMANN, Plaintiff-Respondent, v. TOWN OF WAUKESHA and Town of Waukesha Plan Commission, Defendants-Appellants, WAUKESHA COUNTY, Defendant-Respondent. Royal C. NEUMANN and Waukesha County, Plaintiffs-Respondents, v. TOWN OF WAUKESHA, Town of Waukesha Plan Commission and Jondex Corporation, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided December 6, 1995.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, there were briefs and oral arguments by James W. Hammes of Cramer, Multhauf & Hammes of Waukesha.

On behalf of the plaintiff-respondent City of Waukesha, there was a brief and oral arguments by Curt R. Meitz, city attorney.

On behalf of the plaintiff-respondent W.T. Corporation, there was a brief and oral arguments by Scott V. Lowry of Waukesha.

On behalf of the plaintiff-respondent Waukesha County, there were brief's and oral arguments by William J. Domina, assistant corporation counsel.

On behalf of the plaintiff-respondent Royal C. Neumann, there were briefs by James L. Steimel and James L. Dunlap of Steimel & Dunlap, S.C. of Waukesha. There were oral arguments by James L. Steimel.

Before Brown, Nettesheim and Snyder, JJ.


SNYDER, J.

The Town of Waukesha (Town) appeals from trial court judgments reversing the grant of a conditional use permit (permit) under the Town's planned unit development (PUD) ordinance.1 The permit allowed for the commercial development of a 106,000 square-foot shopping center and strip mall contrary to the parcel's existing zoning. This parcel is in an area zoned R-3 (residential) and I-1 (limited industrial). The Town raises four...

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