Tracy and Damian OSTERHUES, Art and Ellen Jacobs, and Andrew and Luella Peterson, Plaintiffs-Respondents-Cross-Appellants,
v.
BOARD OF ADJUSTMENT FOR WASHBURN COUNTY, Defendant-Co-Appellant,
WASHBURN COUNTY, Defendant-Appellant.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs March 22, 2004.
Decided April 27, 2004.
Attorney(s) appearing for the Case
On behalf of the defendant-appellant, the cause was submitted on the briefs of R. Michael Waterman of Mudge, Porter, Lundeen & Seguin, S.C. of Hudson.
On behalf of the defendant-co-appellant, the cause was submitted on the briefs of William G. Thiel of Weld, Riley, Prenn & Ricci, S.C. of Eau Claire.
On behalf of the plaintiffs-respondents-cross-appellants, the cause was submitted on the brief of Joseph R. Cincotta of Schweitzer & Cincotta LLP of Milwaukee.
Before Cane, C.J., Hoover, P.J., and Peterson, J.
Court of Appeals of Wisconsin.
¶ 1. HOOVER, P.J.
The sole issue on appeal is whether, under WIS. STAT. § 59.694,1 the Washburn County Board of Adjustment must conduct a de novo hearing when it takes an appeal of the county zoning committee's action. The trial court concluded that it must and remanded the case to the board for further proceedings. Because it concluded that was the dispositive issue, it dismissed...
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