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BLOCK v. WAUPACA COUNTY

No. 2006AP3067.

738 N.W.2d 132 (2007)

2007 WI App 199

Jerome H. BLOCK and Carol M. Block, Plaintiffs-Respondents, v. WAUPACA COUNTY BOARD OF ZONING ADJUSTMENT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed July 26, 2007.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Tony A. Kordus and Joseph W. LaFramboise of Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Harvey G. Samson of Block, Seymour, Chudacoff, Samson & Liebzeit, S.C., Appleton.

Before LUNDSTEN, P.J., DYKMAN and HIGGINBOTHAM, JJ.

¶ 1 DYKMAN, J.

The Waupaca County Board of Zoning Adjustment appeals from a circuit court order reversing its decision to deny Jerome and Carol Block an area variance to retain their lake-side deck. The board argues that its decision to deny the Blocks an area variance must be upheld because it followed the correct legal standard and the record supports its decision. It also argues that the circuit court erred in substituting its own discretion in place of the...

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