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HERMAN v. COUNTY OF WALWORTH

No. 2004AP2080.

286 Wis.2d 449 (2005)

2005 WI App 185

703 N.W.2d 720

Marvin HERMAN, Richard Hummel, Jack Fleming II, Jay Goethal, Lawrence Malsch, and Town of Delavan, Plaintiffs-Appellants, v. COUNTY OF WALWORTH, Walworth County Land Management Committee, Zoning Manager of Walworth County Department of Planning, Zoning, and Sanitation, Rulo Clark, Charlotte Peterson, Gregory Halden, Jerome Palzkill, Richard Kuhnke, Sr., Richard Gramse, and Nancy Gramse, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 13, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Steven R. Wassel and Steven C. Harvey of Wassel Law Offices, Delavan.

On behalf of the defendants-respondents County of Walworth, Walworth County Land Management Committee, Zoning Manager of Walworth County Department of Planning, Zoning, and Sanitation, Rulo Clark, Charlotte Peterson, Gregory Halden, Jerome Palzkill, and Richard Kuhnke, Sr., the cause was submitted on the brief of Mari E. Nahn, Deputy Corporation Counsel, Walworth County Corporation Counsel's Office.

On behalf of the defendants-respondents Richard Gramse and Nancy Gramse, the cause was submitted on the brief of Daniel S. Draper of Gagliardi, O'Brien, Braden, Olson & Capelli, Lake Geneva.

Before Anderson, P.J., Brown and Snyder, JJ.

¶ 1. SNYDER, J.

The Town of Delavan, together with five members of the Town Board, appeal from a judgment and an order upholding the Walworth County Land Management Committee's (now known as the Walworth County Zoning Authority) approval of Richard and Nancy Gramses' conditional use permits. The disputed permits satisfied the requirements of the Walworth County shoreland zoning ordinance but violated the Town of Delavan...

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