NORTHWEST PROPERTIES, a Wisconsin Limited Partnership, Plaintiff-Respondent,
v.
OUTAGAMIE COUNTY, a municipal corporation, Defendant-Appellant.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs November 16, 1998.
Decided December 1, 1998.
Attorney(s) appearing for the Case
On behalf of the defendant-appellant, the cause was submitted on the briefs of Joseph P. Guidote, Jr., corporation counsel, of Appleton.
On behalf of the plaintiff-respondent, the cause was submitted on the brief of Charles D. Koehn and Herrling, Clark, Hartzheim & Siddall Ltd., of Appleton.
On behalf of Wisconsin Association of County Corporation Counsel, there was an amicus curiae brief by Thomas P. Finley, corporation counsel of Wausau.
On behalf of State of Wisconsin, Department of Transportation, there was an amicus curiae brief by James E. Doyle, attorney general, and Mary Woolsey Schlaefer, assistant attorney general.
Before Cane, C.J., Myse, P.J., and Hoover, J.
Court of Appeals of Wisconsin.
HOOVER, J.
Outagamie County appeals a judgment granting Northwest Properties' motion for summary judgment. The County contends the trial court erred by concluding that OUTAGAMIE COUNTY, WIS., AIRPORT ZONING ORDINANCE § 21.53(4) (July 17, 1990) requiring duplexes to be built on lots of two acres or more is constitutionally arbitrary and irrational. We conclude that the ordinance is rationally related to public safety...
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