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KAPISCHKE v. COUNTY OF WALWORTH

No. 98-0796.

226 Wis.2d 320 (1999)

595 N.W.2d 42

Louis KAPISCHKE and Susan Kapischke, Plaintiffs-Appellants, v. COUNTY OF WALWORTH and Walworth County Park and Planning Commission, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 7, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Patrick J. Hudec and Gabrielle Boehm of Hudec Law Offices, S.C. of East Troy.

On behalf of the defendants-respondents, the cause was submitted on the brief of Gary Rehfeldt, assistant corporation counsel of Walworth county.

On behalf of Wisconsin Counties Association an amicus curiae brief was filed by John J. Prentice and Andrew T. Phillips of Prentice & Phillips of Milwaukee.

Before Brown, Nettesheim and Anderson, JJ.

NETTESHEIM, J.

Louis and Susan Kapischke appeal from a circuit court judgment affirming the Walworth County Park and Planning Commission's denial of their request for a conditional use permit.1 The Kapischkes sought to build a 350-foot multiple use communication tower on property that was zoned for agricultural use. On appeal, they argue that the Commission's denial: (1) violates the mandate of the Telecommunications Act of 1996, 47 U...

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