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ECO-SITE, LLC v. TOWN OF CEDARBURG

Appeal No. 2018AP580.

933 N.W.2d 179 (2019)

2019 WI App 42

ECO-SITE, LLC f/k/a Eco-Site, Inc., Scott R. Akerlund and Patricia A. Akerlund, Plaintiffs-Appellants, v. TOWN OF CEDARBURG, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed: July 24, 2019.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of J. Michael Long , Lisa M. Lawless , and James C. Remington of Husch Blackwell LLP, Milwaukee. There was oral argument by Lisa M. Lawless and J. Michael Long.

On behalf of the defendant-respondent, the cause was submitted on the brief of Remzy D. Bitar and Luke A. Martell of Municipal Law & Litigation Group, S.C., Waukesha. There was oral argument by Remzy D. Bitar.

Before Neubauer, C.J., Reilly, P.J., and Hagedorn, J.

¶1 This case involves the siting of a cell tower in the middle of a rural area in the Town of Cedarburg. Those proposing the tower—Eco-Site, LLC f/k/a Eco-Site, Inc., Scott R. and Patricia A. Akerlund—appeal from a judgment of the circuit court upholding the Town's denial of the application for a conditional use...

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