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CROSS PLAINS v. KITT'S FIELD OF DREAMS

No. 2008AP546.

775 N.W.2d 283 (2009)

2009 WI App 142

TOWN OF CROSS PLAINS, Plaintiff-Respondent, v. KITT'S "FIELD OF DREAMS" KORNER, INC., Bow-Wow Entertainment LLC, Kitt J. Kalscheur, Gerald G. Wood, Jr. and Richard Bickel, Defendants-Appellants, Robert D. Relph, Defendant. Kitt's "Field of Dreams" Korner, Inc., Plaintiff-Appellant, v. Town of Cross Plains, Defendant-Respondent. Kitt's "Field of Dreams" Korner, Inc., Plaintiff-Appellant, v. Town of Cross Plains, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed September 24, 2009.

Attorney(s) appearing for the Case

On behalf of the appellants, the cause was submitted on the briefs of Jeff Scott Olson of The Jeff Scott Olson Law Firm, S.C., Madison. There was oral argument by Jeff Scott Olson.

On behalf of the respondent, the cause was submitted on the brief of Mark Hazelbaker of Hazelbaker & Associates, S.C., Madison. There was oral argument by Mark Hazelbaker.

Before LUNDSTEN, VERGERONT and HIGGINBOTHAM, JJ.

¶ 1 VERGERONT, J.

This appeal concerns the nature of the vested interest required for a nonconforming use entitled to protection under WIS. STAT. § 59.69(10)(a) (2007-08).1 The circuit court held on summary judgment that the adult entertainment provided at a tavern for twelve days before the effective date of an ordinance amendment prohibiting that use in that zoning district did not constitute a nonconforming use under the statute...

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