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MAGNOLIA TOWNSHIP v. TOWN OF MAGNOLIA

No. 2004AP1591.

284 Wis.2d 361 (2005)

2005 WI App 119

701 N.W.2d 60

MAGNOLIA TOWNSHIP and Western Rock County Citizens Against Factory Farming, Green-Rock Audubon Society, Anne M. Johnson, Michael G. Johnson, Verne Wilke, Rosemary Wilke, Tony Ends, Dela Ends, Stephen Watson and Richard Massen and Darlene Massen, Plaintiffs-Respondents, v. TOWN OF MAGNOLIA and Town of Magnolia Board of Adjustment, Defendants-Respondents, LARSON ACRES, INC., Intervening Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 12, 2005.

Attorney(s) appearing for the Case

On behalf of the intervenor-defendant-appellant, the cause was submitted on the briefs of Eric M. McLeod, Michael Best & Friedrich LLP, Madison.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Glenn M. Stoddard and Christ Westerberg, Garvey & Stoddard, S.C., Madison.

On behalf of the defendants-respondents, the cause was submitted on the brief of Glenn C. Reynolds, Reynolds & Associates, Madison.

Before Deininger, P.J., Vergeront and Higginbotham, JJ.

¶ 1. VERGERONT, J.

The issue on this appeal is whether the Board of Adjustment of the Town of Magnolia lacked the authority to grant a conditional use permit (CUP) after the Town Board had decided to deny it. The circuit court decided that the Board of Adjustment lacked the authority. We agree. We conclude: (1) WIS. STAT. § 60.65(3)1 requires that the authority of a town board of adjustment...

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