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EBERLE v. DANE COUNTY BD. OF ADJUSTMENT

No. 97-2869-CR.

227 Wis.2d 609 (1999)

595 N.W.2d 730

Richard A. EBERLE and Barbara J. Eberle, Plaintiffs-Appellants-Cross-Respondents-Petitioners, Burt AVEDON and Silvana Avedon, Involuntary Plaintiffs, v. DANE COUNTY BOARD OF ADJUSTMENT, Defendant-Respondent-Cross-Appellant, Sharon CLARK-GASKILL, James E. Quackenbush, John A. Sayles, and Louise Klopp, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided July 7, 1999.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-cross respondents-petitioners there were briefs by John A. Kassner and Wendel & Center, LLP, Madison and oral argument by John A. Kassner.

For the defendant-respondent-cross appellant and the defendants-respondents there were briefs and oral argument by Rodney F. Knight, Deputy Corporation Counsel, Madison.

Amicus curiae brief was filed by Mark M. Leitner and Kravit, Gass, Hovel & Leitner, S.C., Milwaukee for the National Association of Home Builders and Wisconsin Builders Association.

Amicus curiae brief was filed by Michael J. Modl and Axley Brynelson, LLP., Madison for the Wisconsin Realtors Association.

¶ 1. N. PATRICK CROOKS, J.

Petitioners Richard and Barbara Eberle (Eberles) sought review in this case of the court of appeals' decision to uphold the circuit court's dismissal of various claims they alleged in connection with the Dane County Board of Adjustment's (Board's) denial of a special exception permit. The Eberles contend that the effect of the permit denial was to deprive them of a legal means of access to their property. Following a certiorari review...

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