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ST. CROIX BUILDERS v. TOWNSHIP OF OAK GROVE

No. 2009AP2166.

787 N.W.2d 454 (2010)

2010 WI App 96

ST. CROIX VALLEY HOME BUILDERS ASSOCIATION, INC., Plaintiff-Appellant, v. TOWNSHIP OF OAK GROVE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed June 22, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Timothy J. Hassett of Felhaber, Larson, Fenlon & Vogt, P.A. of St. Paul, Minnesota. There was oral argument by Timothy J. Hassett.

On behalf of the defendant-respondent, the cause was submitted on the brief of Mark J. Gherty of Gherty and Gherty, S.C. of Hudson. There was oral argument by Mark J. Gherty.

A nonparty brief was filed by Thomas D. Larson of Madison, for Wisconsin Realtors® Association.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

PETERSON, J.

¶ 1 St. Croix Valley Home Builders Association, Inc., appeals a judgment dismissing its request for a declaration invalidating the Town of Oak Grove's impact fee ordinances.1 The Association argues the circuit court erred by concluding it was required to exhaust administrative remedies before seeking judicial relief. We disagree and affirm.

BACKGROUND

¶ 2 In 2003, the Town of Oak Grove enacted an...

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