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STATE v. OUTAGAMIE CTY. BD. OF ADJUSTMENT

No. 98-1046.

244 Wis.2d 613 (2001)

2001 WI 78

628 N.W.2d 376

STATE of Wisconsin, Plaintiff-Respondent, v. OUTAGAMIE COUNTY BOARD OF ADJUSTMENT, Defendant, David and Barbara WARNING, Intervening Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided June 29, 2001.

Attorney(s) appearing for the Case

For the intervening defendants-respondents-petitioners there were briefs by Richard J. Carlson and Silton, Seifert, Carlson & Gamble, S.C., Appleton, and oral argument by Richard J. Carlson.

For the plaintiff-appellant the cause was argued by Jeffrey M. Gabrysiak, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

An amicus curiae brief was filed by John A. Kassner and Brennan, Steil, Basting & MacDougall, S.C., Madison, on behalf of the Wisconsin Builders Association, and oral argument by John A. Kassner.

¶ 1. DIANE S. SYKES, J.

This is a zoning case in which we review a conclusion reluctantly reached by the court of appeals that the law of this state may require a basement to be destroyed in order to save it from being flooded. Judge Michael Hoover aptly noted the irony in his opinion for the court of appeals: "applicable law compels a harsh result" in that "we order the certain destruction of [a] basement in order to avoid the possibility that it may be damaged...

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