RACINE COUNTY v. CAPE

No. 01-0740.

250 Wis.2d 44 (2001)

2002 WI App 19

639 N.W.2d 782

RACINE COUNTY, Plaintiff-Respondent, v. William R. CAPE, Christopher Cape, and Warren R. Cape, Cape Bros. Realty and Equipment and James Cape and Sons Co., Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided December 5, 2001.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of R. William Phenicie and John E. Hotvedt of Lloyd, Phenicie, Lynch & Kelly, S.C. of Burlington.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Matthew W. McVey, assistant corporation counsel.

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


¶ 1. BROWN, J.

This case concerns the modernization of equipment at James Cape and Sons Co.,1 a business that, among other things, crushes and recycles concrete, which is a nonconforming use under Racine County ordinances. Cape contends that its operation of the modernized crusher system only increases the frequency, intensity and volume of its recycling capabilities and presents no identifiable change in use. We agree with Cape's...

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