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HUSSEIN v. GERMANTOWN BD. OF ZONING APPEALS

No. 2010AP2178.

800 N.W.2d 551 (2011)

2011 WI App 96

Yassin HUSSEIN and Germantown Auto Sales, LLC, Petitioners-Respondents, v. VILLAGE OF GERMANTOWN BOARD OF ZONING APPEALS, Respondent-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed May 25, 2011.

Attorney(s) appearing for the Case

On behalf of the Respondent-appellant, the cause was submitted on the briefs of Raymond J. Pollen and Remzy D. Bitar of Crivello Carlson, S.C., Milwaukee.

On behalf of the petitioner-respondent, the cause was submitted on the brief of James W. Hammes of Cramer, Multhauf & Hammes, LLP, Waukesha.

Before NEUBAUER, P.J., ANDERSON and REILLY, JJ.

REILLY, J.

¶ 1 The issue presented in this appeal is whether a conditional use permit (CUP) remains enforceable after a municipality amends its zoning code to remove from the zoning district at issue the conditional use that is the basis for the CUP. We hold that a revision to a municipality's zoning code that causes a property to become a legal nonconforming use results in the CUP losing its enforceability and the property gaining the vested right to continue...

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