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STATE v. WAUSHARA COUNTY BD. OF ADJUSTMENT

No. 02-2400.

271 Wis.2d 547 (2004)

2004 WI 56

679 N.W.2d 514

STATE of Wisconsin, Plaintiff-Respondent, v. WAUSHARA COUNTY BOARD OF ADJUSTMENT, Defendant, G. Edwin HOWE and Suzanne Howe, Intervenors-Defendants-Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided May 18, 2004.

Attorney(s) appearing for the Case

For the intervenors-defendants-appellants-petitioners there were briefs by Brian W. McGrath, Erik G. Weidig and Foley & Lardner, Milwaukee, and oral argument by Brian W. McGrath.

For the plaintiff-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 Thomas D. Larson and Debra P. Conrad, Madison, on behalf of the Wisconsin Realtors Association.

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 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.

¶ 1. N. PATRICK CROOKS, J.

G. Edwin and Suzanne Howe (Howes) appeal a decision of the Court of Appeals, District IV, affirming the circuit court's reversal of the Waushara County Board of Adjustment's (Board) decision to grant the Howes' request for an area variance. We must resolve the following issue: In light of the interplay between Snyder v. Waukesha County Zoning Bd. of Adjustment, 74...

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