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SCHROEDER v. DANE COUNTY BOARD OF ADJUSTMENT

No. 98-3615.

228 Wis.2d 324 (1999)

596 N.W.2d 472

Kent SCHROEDER, and James Gregorius, Dane County Zoning Administrator, Plaintiffs-Respondents, v. DANE COUNTY BOARD OF ADJUSTMENT, Defendant, Jon HALVERSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 13, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, Jon Halverson, the cause was submitted on the briefs of Thomas P. Heneghan of Michael Best & Friedrich LLP of Madison.

On behalf of the plaintiff-respondent, Kent Schroeder, the cause was submitted on the brief of Leighton W. Boushea of Boushea, Segall, Joanis & Johnston of Madison.

On behalf of the plaintiff-respondent, James Gregorius, Dane County Zoning Administrator, the cause was submitted on the brief of David R. Gault, assistant corporation counsel.

Before Vergeront, Roggensack and Deininger, JJ.

VERGERONT, J.

This appeal concerns the interpretation and application of DANE COUNTY ORDINANCES § 10.191(6), which relates to the registration of nonconforming mineral extraction operations. The Dane County Board of Adjustment interpreted the ordinance to permit, under the diminishing asset rule, operation on a contiguous parcel belonging to the owner of the operation, even though that parcel was not listed on the record of registered operations. Jon Halverson...

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