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FABYAN v. WAUKESHA COUNTY BD. OF ADJUSTMENT

No. 00-3103.

246 Wis.2d 851 (2001)

2001 WI App 162

632 N.W.2d 116

Dona J. FABYAN, Plaintiff-Appellant, v. WAUKESHA COUNTY BOARD OF ADJUSTMENT, John Selix and Nancy Bonniwell, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 20, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of August E. Fabyan of Haight & Fabyan of Hartland.

On behalf of the defendants-respondents, the cause was submitted on the brief of William J. Domina, principal assistant corporation counsel.

Before Brown, P.J., Nettesheim and Anderson, JJ.

¶ 1. NETTESHEIM, J.

Dona J. Fabyan appeals from a circuit court order upholding the grant of a special exception to the floor area ratio (FAR) requirements of the Waukesha County Shoreland and Floodland Protection Ordinance to John Selix and Nancy Bonniwell (the owners) by the Waukesha County Board of Adjustment.1 Fabyan argues that the Board acted under an incorrect theory of the law in that the grant of the special exception was...

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