No. 2006AP450.

751 N.W.2d 780 (2008)

2008 WI 76

TOWN OF RHINE, Plaintiff-Appellant, v. Brock O. BIZZELL, Matthew A. Schuette, Jonathon W. Thompson, Timothy J. Van der Vaart, Andrew S. Wiesz, Scott R. Wiesz, and Manitowoc Area Off Highway Vehicle Club, Inc., Defendants-Respondents.

Supreme Court of Wisconsin.

Decided July 1, 2008.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Joseph R. Cincotta and the Law Offices of Joseph R. Cincotta, Milwaukee, and by Paul Dirkse and O'Neil, Cannon, Hollman, DeJong, S.C., Sheboygan, and oral argument by Joseph Cincotta.

For the defendants-respondents there was a brief by Michael E. Lambert and Kummer, Lambert & Fox, LLP, Manitowoc, and oral argument by Michael E. Lambert.

An amicus curiae brief was filed by Andrew T. Phillips, Gina M. Ozelie, and Stadler, Centofanti & Phillips, S.C., Mequon, on behalf of the Wisconsin Counties Association.

An amicus curiae brief was filed by Lee Turonie, assistant legal counsel, Shawno, on behalf of the Wisconsin Towns Association.

An amicus curiae brief was filed by Thomas D. Larson and Debra P. Conrad, Wisconsin REALTORS® Association, Madison, and John A. Kassner III and Murphy Desmond S.C., Madison, on behalf of the Wisconsin REALTORS® Association, and oral argument by John A. Kassner III.



This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (2005-06).1 The circuit court concluded that Town of Rhine, Wis., Municipal Code § 4.08(2)(a),2 "B-2 Commercial Manufacturing or Processing," is unconstitutional and that the defendants' nuisance ordinance...

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