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State Wisconsin v. Winnebago County

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eBook details

  • Title: State Wisconsin v. Winnebago County
  • Author : Court of Appeals of Wisconsin
  • Release Date : January 13, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

BROWN, J. The State of Wisconsin appeals a variance granted by the Winnebago County Board of Adjustment and then affirmed by the trial court. TheState primarily contends that shoreland setback requirements cannot result in an unnecessary hardship simply because they prevent the landowners from securing the highest and best use of the parcel. The State alternatively claims that the Board's decision should be overturned because it lacks a reasonable evidentiary basis. We agree on both issues and remand for further proceedings consistent with our decision. Gilbert and Hazel Thiel own a 33.7 acre parcel on the shore of Lake Poygan. The parcel is ""L"" shaped. The base runs in an east-west direction along a county highway. The northern tip is adjacent to Lake Poygan, although in 1965 the Thiels dredged a channel which flows from the lake along the parcel's inside edge. According to information provided by the Thiels, the base measures approximately 200 feet between the road and the channel. The parcel reportedly measures roughly 175 feet from the channel to its western edge.


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