ZEALY v. CITY OF WAUKESHA

No. 93-2831.

201 Wis.2d 365 (1996)

548 N.W.2d 528

Alfred A. ZEALY, Plaintiff-Appellant, v. CITY OF WAUKESHA, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided June 4, 1996.


Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by Curt R. Meitz, City Attorney and Karen A. Macherey, assistant city attorney and oral argument by Curt R. Meitz.

For the plaintiff-appellant James W. Hammes and Cramer, Multhauf & Hammes, Waukesha and oral argument by James W. Hammes.

Amicus curiae brief was filed by John S. Greene, assistant attorney general for the State of Wisconsin with whom on the brief was James E. Doyle, attorney general.

Amicus curiae brief was filed by Brian W. Ohm, Madison for The Association of State Wetland Managers, Inc.

Amicus curiae brief was filed by Lawrence E. Classen, Madison for the Wisconsin's Environmental Decade, Inc.

Amicus curiae brief was filed by Kristine A. Euclide, Meg Vergeront and Stafford, Rosenbaum, Rieser & Hansen, Madison for the National Wildlife Federation, Wisconsin Wildlife Federation, National Audubon Society and Wisconsin Audubon Council. Of counsel was Glenn P. Sugameli, and National Wildlife Federation, Washington, D.C.; Cameron Davis and National Wildlife Federation, Ann Arbor, MI and John D. Echeverria and National Audubon Society, Washington, D.C.

Amicus curiae brief was filed by Peter A. Peshek, Paul G. Kent, L. Stuart Rosenberg and DeWitt, Ross & Stevens, S.C., Madison; Curtis A. Witynski, Madison; Thomas W. Harnish, Madison; William P. O'Connor and Wheeler, Van Sickle & Anderson, Madison for the City of Madison, League of Wisconsin Municipalities, Wisconsin Towns Association and the Wisconsin Association of Lakes, Inc and oral argument by Paul G. Kent.


ROLAND B. DAY, C.J.

This is a review of a published decision of the court of appeals1 affirming in part and reversing in part a judgment and order of the circuit court for Waukesha County, Willis J. Zick, Judge, and remanding the cause with directions. The issue before this court is whether the zoning of certain land owned by Plaintiff-Appellant Alfred A. Zealy (Zealy) as a conservancy district...

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