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Court of Appeals Decisions

Appeal from a judgment of the circuit court for Burnett County: JAMES H. TAYLOR, Judge. Affirmed.

A group of neighbors, collectively referred to as Olson, appeals a circuit court judgment that affirmed a Burnett County Board of Adjustment decision that granted the Lutheran Bible Camp Association a conditional use permit to build additional dwelling units on its property.1 They only challenge the court's conclusion that Lutheran's property is a contiguous parcel. We conclude that the circuit court properly determined that the property is contiguous. We therefore affirm the trial court's decision. ...

Appeal from an order of the circuit court for Dane County: RICHARD J. CALLAWAY, Judge. Affirmed.

Thompson Builders, Inc., appeals from an order reversing decisions of the Madison Plan Commission and Madison Zoning Board of Appeals. The court vacated the permit granted to the Francois Oil Company to enlarge a service station on the property adjacent to Thompson's apartment building. However, Thompson remained aggrieved by the terms of the court's remand, and on appeal presents several claims of trial court error. We affirm. ...

APPEAL from an order of the circuit court for Waukesha County: PATRICK L. SNYDER, Judge. Reversed.

This is a personal jurisdiction problem. The issue is whether a statutory certiorari court, having three years ago denied the landowners a writ proclaiming conditions attached to a variance to be invalid, has continuing jurisdiction over the landowners to order specific performance of those conditions. We note that when a statutory writ is sought by the landowners, the certiorari court's remedy is limited to determining whether a variance is valid. Therefore, the landowners submit themselves to the jurisdiction of the court for that limited purpose. The final decree does not contemplate the performance of a series of acts. In an enforcement action, it is not the landowners, but the government, which seeks to enforce the variance. The validity of the underlying variance is not at issue; the only issue is whether the landowners have violated the variance. Thus, the court's review powers are different. We hold that the Town of Delafield needs to obtain jurisdiction over the landowners for this different kind of legal action by serving a summons and complaint or by serving an appropriate original writ. Because this did not occur in the case before us, personal jurisdiction was not obtained and we reverse. ...

APPEAL from an order of the circuit court for Pierce County: ROBERT W. WING, Judge. Reversed.

Riviera Airport, Inc., appeals the circuit court's order reversing the Pierce County Board of Adjustment's grant of a conditional use permit to Riviera authorizing it to use land zoned agricultural as an airstrip.1 It also challenges two conditions that the board included in the permit. Riviera raises three issues on appeal: (1) whether the trial court erred by ruling that the board lacked authority to grant the conditional use permit; (2) whether the trial court erred by concluding, in the alternative, that the board erroneously modified a permit condition; and (3)whether the board erred by imposing permit conditions limiting the number and timing of flights and limiting the term of the permit. Riviera also questions whether Citizens is procedurally barred from challenging the board's issuance of the conditional use permit. For the reasons stated below, we reverse the circuit court order and affirm the board's grant of the conditional use permit, including all of the conditions imposed in the board's decisions dated August 1998 and November 1999, except the condition that requires runway realignment. ...

 
 

 

Last updated: Friday, December 15, 2000. ©City of Milwaukee. All rights reserved.