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STATE v. KENOSHA COUNTY BOARD OF ADJUSTMENT

No. 96-1235.

218 Wis.2d 396 (1998)

577 N.W.2d 813

STATE of Wisconsin, Plaintiff-Appellant-Petitioner, v. KENOSHA COUNTY BOARD OF ADJUSTMENT, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided May 27, 1998.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner the cause was argued by Lorraine C. Stoltzfus, assistant attorney general, with whom on the briefs was James E. Doyle, attorney general.

For the defendant-respondent there was a brief by Debra S. Bursinger, senior assistant corporation counsel, and Kenosha County Corporation Counsel's Office, Kenosha and oral argument by Debra S. Bursinger.

Amicus curiae was filed by William P. O'Connor, Jennifer S. McGinnity, and Wheeler, Van Sickle & Anderson, S.C., Madison for The Wisconsin Association of Lakes, Inc.

¶ 1. JANINE P. GESKE, J.

On this review we consider whether the Kenosha County Board of Adjustment (Board) properly applied the legal standard for determining unnecessary hardship in order to grant a petition for an area variance. The Board determined that the variance applicant, Ms. Janet Huntoon, would suffer unnecessary hardship if she were denied a variance enabling her to build a deck extending into the protected shoreyard of Hooker Lake. The circuit court...

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