GOLDEN SANDS DAIRY LLC v. TOWN OF SARATOGA

Case No.: 2015AP1258.

913 N.W.2d 118 (2018)

2018 WI 61

GOLDEN SANDS DAIRY LLC, Plaintiff-Respondent-Petitioner, Ellis Industries Saratoga, LLC, Plaintiff, v. TOWN OF SARATOGA, Terry A. Rickaby, Douglas Passineau, Patty Heeg, John Frank and Dan Forbes, Defendants-Appellants, Rural Mutual Insurance Company, Intervenor.

Supreme Court of Wisconsin.

Opinion Filed: June 5, 2018.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner, there were briefs filed by Jordan J. Hemaidan , Daniel A. O'Callaghan , Joseph D. Brydges , and Michael Best & Friedrich LLP, Madison, with whom on the briefs were Brian G. Formella and Anderson, O'Brien, Bertz, Skrenes & Golla, Stevens Point. There was an oral argument by Jordan J. Hemaidan.

For the defendants-appellants, there was a brief filed by Remzy D. Bitar and Arenz, Molter, Macy, Rifle & Larson SC, Waukesha, with whom on the brief was Paul G. Kent and Stafford Rosenbaum LLP, Madison. There was an oral argument by Remzy D. Bitar.

An amicus curiae brief was filed on behalf of the State of Wisconsin by Sopen B. Shah , deputy solicitor general, with whom on the brief were Brad D. Schimel , attorney general, and Ryan J. Walsh , chief deputy solicitor general. There was an oral argument by Sopen B. Shah.

An amicus curiae brief was filed on behalf of Agriculture Coalition by H. Dale Peterson , John J. Laubmeier , and Stroud, Willink & Howard, LLC, Madison.

An amicus curiae brief was filed on behalf of Wisconsin Counties Association by Andrew T. Phillips , Rebecca J. Roeker , and Von Briesen & Roper, S.C., Milwaukee.

An amicus curiae brief was filed on behalf of Wisconsin Towns Association by Richard Manthe and Wisconsin Towns Association, Shawano.

An amicus curiae brief was filed on behalf of Wisconsin Municipalities by Daniel M. Olson and League of Wisconsin Municipalities, Madison.

An amicus curiae brief was filed on behalf of Local Business Amici by Christa O. Westerberg , Leslie A. Freehill , and Pines Bach LLP, Madison.

An amicus curiae brief was filed on behalf of Wisconsin Realtors Association, Wisconsin Builders Association, Wisconsin Manufacturers and Commerce, and NAIOP-WI by Thomas D. Larson and Wisconsin REALTORS Association, Wisconsin Builders Association, Wisconsin Manufacturers and Commerce and NAIOP-WI, Madison.


¶ 1 Wisconsin has long provided a vested right to build a structure upon the filing of a building permit application that strictly conforms to all applicable zoning regulations (the "Building Permit Rule") — a doctrine we reaffirmed last term in McKee Family I, LLC v. City of Fitchburg,...

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