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HEARST-ARGYLE STATIONS v. BD. OF ZONING

No. 02-0596.

260 Wis.2d 494 (2003)

2003 WI App 48

659 N.W.2d 424

HEARST-ARGYLE STATIONS, INC., d/b/a WISN-TV, Channel 12 and f/k/a Hearst Corporation, a Delaware Corporation, Plaintiff-Appellant, v. BOARD OF ZONING APPEALS OF THE CITY OF MILWAUKEE, a Wisconsin municipal quasi-judicial body, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 4, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Matthew J. Flynn, James H. Baxter III, and Christina D. Hernandez-Malaby of Quarles & Brady, LLP, of Milwaukee, with oral argument by Matthew J. Flynn.

On behalf of the defendant-respondent, the cause was submitted on the brief of Grant F. Langley, city attorney, and Thomas O. Gartner, assistant city attorney.

Before Wedemeyer, P.J., Schudson and Curley, JJ.

¶ 1. CURLEY, J.

Hearst-Argyle Stations, Inc. (Hearst) appeals from the trial court's order affirming the decision of the Board of Zoning Appeals for the City of Milwaukee (BOZA), which denied Hearst's zoning permit application to top-mount a digital television (DTV) antenna on its existing transmission tower, thereby increasing the height of its tower by 115 feet. Hearst contends that BOZA improperly denied its application...

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