ZWIEFELHOFER v. TOWN OF COOKS VALLEY

No. 2010AP2398.

809 N.W.2d 362 (2012)

2012 WI 7

Loran B. ZWIEFELHOFER, William J. Schindler, Glenn R. Sarauer and Samuel R. La Gesse, Plaintiffs-Respondents, v. TOWN OF COOKS VALLEY, a Wisconsin quasi-municipal corporation, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided February 8, 2012.


Attorney(s) appearing for the Case

For the defendant-appellant there were briefs filed by Joe Thrasher and Thrasher, Pelish, & Franti, Ltd., Rice Lake, and oral argument by Joe Thrasher .

For the plaintiffs-respondents there was a brief filed by William G. Thiel and Weld, Riley, Prenn, & Ricci, S.C., Eau Claire, and oral argument by William G. Thiel .

An amicus curiae brief was filed by Carol B. Nawrocki , Shawano, for Wisconsin Towns Association; Thomas D. Larson , Madison, for Wisconsin Realtors Association and the Wisconsin Builders Association; Charles V. Sweeney , Mitchell R. Olson and Axley Brynelson, LLP, Madison, for Aggregate Producers of Wisconsin, Inc. and Wisconsin Transportation Builders Association, Inc.; Matthew J. Duchemin , Matthew D. Fortney and Quarles & Brady, LLP, Madison, for Preferred Sands of Minnesota, LLC; and Daniel M. Olson , Madison, for the League of Wisconsin Municipalities.


SHIRLEY S. ABRAHAMSON, Chief Justice.

¶ 1 Loran B. Zwiefelhofer, William J. Schindler, Glenn R. Sarauer, and Samuel R. La Gesse, the plaintiffs, are residents of the Town of Cooks Valley. They brought a declaratory judgment action against the Town of Cooks Valley (the Town) in the Circuit Court for Chippewa County, James M. Isaacson, Judge, to declare the Town's Nonmetallic Mining Ordinance (the Ordinance) invalid.

¶ 2 The complaint alleges that...

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