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TOWN OF DELAFIELD v. WINKELMAN

No. 02-0979.

264 Wis.2d 264 (2003)

2003 WI App 92

663 N.W.2d 324

TOWN OF DELAFIELD, Plaintiff-Respondent, v. Eric WINKELMAN and Christine Winkelman, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided April 2, 2003.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, there were briefs and oral argument by James W. Hammes of Cramer, Multhauf & Hammes, LLP of Waukesha.

On behalf of the plaintiff-respondent, there was a brief submitted by H. Stanley Riffle and Julie A. Aquavia of Arenz, Molter, Macy & Riffle, S.C. of Waukesha. There was oral argument by H. Stanley Riffle.

Before Brown, Anderson and Snyder, JJ.

¶ 1. BROWN, J.

In this state, if a governmental entity is faced with a zoning ordinance violation, it may seek to penalize the violator by court-ordered forfeitures or it may seek equitable relief such as an injunction or an abatement action. But if the governmental entity seeks such equitable relief, the violator may request that the circuit court decline to grant the equitable relief based upon equitable reasons on the violator's behalf. So said our supreme...

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