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LAKE DELAVAN PROPERTY CO., LLC v. CITY OF DELAVAN

No. 2013AP1202.

844 N.W.2d 632 (2014)

2014 WI App 35

LAKE DELAVAN PROPERTY COMPANY, LLC, Plaintiff-Respondent, v. CITY OF DELAVAN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed February 12, 2014.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Steven A. Koch and Kathilynne A. Grotelueschen of Seymour, Kremer, Koch, Lochowicz & Duquette LLP, Elkhorn.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Dean B. Richards of Reinhart Boerner Van Deuren S.C., Waukesha and John L. Maier, Jr. of Sweet & Maier, S.C., Elkhorn.

Before BROWN, C.J., NEUBAUER, P.J., and GUNDRUM, J.

NEUBAUER, P.J.

¶ 1 The City of Delavan appeals from a judgment reversing its denial of a preliminary subdivision plat under a City ordinance addressing extraterritorial land division. We agree with the circuit court that the City's denial of the proposed plat was on the basis of the proposed use of the land and was therefore prohibited by WIS. STAT. § 236.45(3)(b) (2011-12).1 The City's ordinance purports to be a permissible...

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