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DRIEHAUS v. WALWORTH COUNTY

No. 2008AP947.

767 N.W.2d 343 (2009)

2009 WI App 63

Richard H. DRIEHAUS, Plaintiff-Appellant, v. WALWORTH COUNTY, Wisconsin and Walworth County Board of Adjustment, Defendants-Respondents, Rudolph Rasin, Joy Rasin and Town of Linn, Intervening Parties-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed April 1, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Edward F. Thompson of Clair Law Offices, S.C., Delavan and Maureen A. McGinnity of Foley & Lardner, LLP, Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of James P. Martin of James P. Martin, S.C., Lake Geneva.

On behalf of the intervening parties-respondents, the cause was submitted on the brief of Michael J. Frazier of Godfrey, Leibsle, Backbourn & Howarth, S.C., Elkhorn.

Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.

¶ 1 SNYDER, J.

Richard H. Driehaus appeals from an order denying his writ of certiorari petition that a zoning variance decision of the Walworth County Board of Adjustment (the Board) be reversed. Driehaus contends that the Board applied an incorrect theory of law, exceeded its jurisdiction, and arbitrarily determined that his request for an area variance to a sideyard setback should be denied. Driehaus also argues that his right to due process was violated when...

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