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TATEOKA v. CITY OF WAUKESHA BD. OF ZONING APPEALS

No. 97-1802.

220 Wis.2d 656 (1998)

583 N.W.2d 871

Thomas TATEOKA and Jami Tateoka, Petitioners-Respondents, v. CITY OF WAUKESHA BOARD OF ZONING APPEALS, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided June 24, 1998.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the brief of Curt R. Meitz, city attorney, and Julie M. Gay, assistant city attorney.

On behalf of the petitioners-respondents, the cause was submitted on the brief of Timothy J. Andringa, of Cramer, Multhauf & Hammes of Waukesha.

An amicus curiae brief was filed by Claire Silverman, assistant legal counsel, the League of Wisconsin Municipalities.

Before Brown, Nettesheim and Anderson, JJ.

NETTESHEIM, J.

The City of Waukesha Board of Zoning Appeals appeals from a trial court order directing the Board to hold a hearing on Thomas and Jami Tateokas' request for a zoning variance. The court ruled that the Board's denial of the variance request was arbitrary, capricious and unreasonable and denied the Tateokas due process and equal protection under the law. The Board's decision was based on its rule that an application...

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