STATE of Wisconsin EX REL. Richard W. ZIERVOGEL and Maureen A. McGinnity, Plaintiffs-Appellants-Petitioners,
v.
WASHINGTON COUNTY BOARD OF ADJUSTMENT, Defendant-Respondent,
STATE of Wisconsin, Intervenor-Respondent.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral argument December 4, 2003.
Decided March 19, 2004.
Attorney(s) appearing for the Case
For the plaintiffs-appellants-petitioners there were briefs by Maureen A. McGinnity and Foley & Lardner, Milwaukee, and oral argument by Maureen A. McGinnity.
For the defendant-respondent there was a brief by Kimberly A. Nass, corporation counsel, Christine E. Ohlis, assistant corporation counsel, and oral argument by Christine E. Ohlis.
For the intervenor-respondent the cause was argued by P. Philip Peterson, assistant attorney general, with whom on the brief was Peggy A. Lautenschlager, attorney general.
An amicus curiae brief was filed by John A. Kassner and Murphy Desmond, S.C., Madison, on behalf of the Wisconsin Builders Association, and oral argument by John A. Kassner.
An amicus curiae brief was filed by Daniel M. Olson, Madison, on behalf of the League of Wisconsin Municipalities.
An amicus curiae brief was filed by Thomas D. Larson and Debra P. Conrad, Madison, on behalf of the Wisconsin Realtors Association, and oral argument by John A. Kassner.
An amicus curiae brief was filed by William P. O'Connor, Tracy K. Kuczenski, Mary Beth Peranteau and Wheeler, VanSickle & Anderson, S.C., Madison, on behalf of Wisconsin Association of Lakes, and oral argument by William P. O'Connor.
Supreme Court of Wisconsin.
¶ 1. DIANE S. SYKES, J.
We are called upon in this case to reconsider the legal standard by which zoning boards of adjustment measure "unnecessary hardship" when determining whether to grant area zoning variances.
¶ 2. The legislature has by statute vested local boards of adjustment with broad discretionary power to authorize variances where the strict enforcement of zoning regulations results in unnecessary hardship to individual property owners...
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