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DELAVAN LAKE v. WALWORTH CTY. BD. OF ADJ.

Appeal No. 2022AP289.

990 N.W.2d 783 (2023)

2023 WI App 22

407 Wis.2d 628

DELAVAN LAKE SANITARY DISTRICT, Petitioner-Appellant, v. WALWORTH COUNTY BOARD OF ADJUSTMENT and Walworth County, Respondents-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed: March 8, 2023.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of H. Stanley Riffle and Luke A. Martell , of Municipal Law & Litigation Group, S.C., Waukesha.

On behalf of the respondents-respondents, the cause was submitted on the brief of Lee D. Huempfner , Walworth County Judicial Center, Elkhorn.

Before Neubauer, Grogan and Lazar, JJ.

¶1 The Delavan Lake Sanitary District appeals from an order of the circuit court affirming, upon certiorari review, the Walworth County Board of Adjustment's decision to deny the District a permit to lay a gravel path over land near Delavan Lake. We agree with the District that the Board proceeded on an incorrect theory of law...

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