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RAINBOW SPRINGS GOLF CO., INC. v. TOWN OF MUKWONAGO

No. 2004AP1771.

284 Wis.2d 519 (2005)

2005 WI App 163

702 N.W.2d 40

RAINBOW SPRINGS GOLF COMPANY, INC., Plaintiff-Appellant, v. TOWN OF MUKWONAGO, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 1, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Donald J. Murn, Michelle E. Martin, Rebecca J.R. Roeker of Murn & Martin, S.C. of Waukesha.

On behalf of the defendant-respondent, the cause was submitted on the brief of H. Stanley Riffle and Julie A. Aquavia of Arenz, Molter, Macy & Riffle, S.C. of Waukesha.

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

¶ 1. BROWN, J.

Rainbow Springs Golf Company, Inc. appeals an order dismissing its takings claim against the Town of Mukwonago. In May 2003, the Town revoked a conditional use permit and three addenda thereto that permitted various uses of Rainbow Springs' land. Rainbow Springs views the CUP1 as a vested property right and the deprivation of that right via the Town's revocation as an unconstitutional...

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