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HEEF REALTY v. CEDARBURG BD. OF APPEALS

No. 2014AP62.

861 N.W.2d 797 (2015)

2015 WI App 23

HEEF REALTY AND INVESTMENTS, LLP and Sandra Desjardin, Plaintiffs-Respondents, v. CITY OF CEDARBURG BOARD OF APPEALS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed February 4, 2015.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Ronald S. Stadler and Aaron J. Graf of Gonzalez Saggio & Harlan LLP, Mallery & Zimmerman, S.C., Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Brad L.F. Hoeschen and Jordana Thomadsen of Chernov, Stern & Krings, S.C., Milwaukee.

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

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

¶ 1 The question presented is whether short-term rental is a permitted use for property in a single-family residential district under the City of Cedarburg's zoning code. The City of Cedarburg Board of Appeals (the Board) decided that the City's zoning ordinances did not permit the short-term rental of homes in a single-family...

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