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MILLER v. ZONING BOARD OF APPEALS

No. 2021AP1764.

991 N.W.2d 380 (2023)

2023 WI 46

Thomas G. MILLER, Plaintiff-Respondent-Petitioner, v. ZONING BOARD OF APPEALS OF the VILLAGE OF LYNDON STATION and Village Board of Lyndon Station, Defendants, Larry Whaley and Kristi Whaley, Intervenors-Appellants.

Supreme Court of Wisconsin.

Opinion Filed: June 6, 2023.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner, there were briefs filed by Kathleen Henry and Dairyland Public Interest Law, Madison. There was an oral argument by Kathleen Henry.

For the intervenors-appellants, there was a brief filed by Mitchell R. Olson , Zachariah J. Sibley , Michael P. Van Kleunen , and Axley Brynelson, LLP, Madison. There was an oral argument by Zachariah J. Sibley.

DALLET, J., delivered the majority opinion for a unanimous Court.

¶1 Trustee Jan Miller serves on the Village Board of Lyndon Station. She cast the deciding vote in favor of her daughter and son-in-law's application to amend the Village's zoning ordinance to rezone their vacant residential property for commercial development. A local business owner, Thomas Miller (no relation), argues...

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