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CTY. OF SAWYER v. DEPT. OF WORKFORCE DEVELOPMENT

No. 99-0707.

231 Wis.2d 534 (1999)

605 N.W.2d 627

COUNTY OF SAWYER ZONING BOARD, Petitioner-Respondent, v. STATE OF WISCONSIN-DEPARTMENT OF WORKFORCE DEVELOPMENT, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided November 23, 1999.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and David C. Rice, assistant attorney general.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Michael F. Durst of Maki, Durst, Ledin, Bick, Lehr & Kanuit, S.C., of Superior.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. HOOVER, P.J.

The issue on appeal is whether the Department of Workforce Development, in enforcing the Wisconsin Fair Housing Act (WFHA), may order a zoning board to issue a shoreland zoning variance based upon characteristics unique to the land-owner. The department appeals a circuit court order reversing its decision. The department in essence requests that we modify the unnecessary hardship standard required to obtain a shoreland zoning variance, and examine...

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