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SILLS v. WALWORTH COUNTY LAND MGT. COMMITTEE

No. 01-0901.

254 Wis.2d 538 (2002)

2002 WI App 111

648 N.W.2d 878

Lyn and Stephen SILLS, Steve and Michelle Glasgow, John and Janet Harding, Hayden and Helene Leason, William and Sheila Groden, Brian and Marilyn Grant, Donald and Denise Sheldon, George and Susan Gootsan, Arthur and Mary Ann Langas, Karen and Richard Eagan, Martha and Andrew Belknap, Margaret Newell, Fred Knutsen, Karen Dulla Sitkowski, Donna and Michael Mulvihill, Kathleen and James Berberet, Susan and James Hickox, Monica and Robert Johnson, Deborah and William Eagan, Scott Aubin, Jean and Bill Moritz, Timothy J. Eagan, Allison and James Breidenbach, Lynn and F. Owen McKeaney, Margy and Ron Walkington, Mary Lynn and Peter McCafferty, Eileen Hennessy, Mary and Roger Donahue, Liz and George Relos, Nancy and Edward Powers, James M. Langelund, Peter H. Edward, James J. Skarda, Trustee of Cindy and James J. Skarda Trust and William Grunow, Sr., Plaintiffs-Appellants, v. WALWORTH COUNTY LAND MANAGEMENT COMMITTEE, William O. Petersen, Conrad W. Petersen, and Edward S. Petersen as Trustee under the Edward S. Petersen Trust Dated April 29, 1977, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 3, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Lisle W. Blackbourn of Godfrey, Leibsle, Conover, Blackbourn & Howarth, S.C. of Elkhorn and Timothy P. Swatek of Allen, Harrison, Williams, McDonell & Swatek, LLP of Lake Geneva.

On behalf of the defendants-respondents, the cause was submitted on the brief of William P. O'Connor and Mary Beth Peranteau of Weeler, Van Sickle & Anderson, S.C. of Madison and Michael P. Cotter, Walworth County Corporation Counsel.

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

¶ 1. BROWN, J.

A group of neighborhood citizens appeals from a circuit court certiorari review upholding the grant of a conditional use permit (CUP) for the creation and operation of a public museum at Black Point Estate, a historic residence located on Geneva Lake. The neighbors contend that the Walworth County Land Management Committee erred as a matter of law by failing to consider the potential application of restrictive...

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