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State of Wisconsin ex rel. Anderson v. Town of Newbold

Wisconsin Court of Appeals

935 N.W.2d 856 (2019)

Facts

Michael Anderson (plaintiff) sued the town of Newbold (the town) (defendant) in Wisconsin state court for exceeding its statutory authority. Anderson argued that the shoreland regulation the town had passed, which the town labeled as a shoreland subdivision regulation, was actually a shoreland zoning ordinance. The state authorized towns to pass shoreland subdivision regulations but reserved the authority to pass shoreland zoning ordinances to counties. Anderson argued that the regulation was a zoning ordinance because it had many distinct zoning characteristics. Alternatively, Anderson argued that the town’s shoreline regulation was impermissible because the town should not be permitted to pass a regulation pursuant to its authority to pass subdivision regulations if it would be unable to pass the same regulation as a zoning ordinance. The trial court returned a verdict in favor of the town. The matter was appealed to the Wisconsin Court of Appeals.

Rule of Law

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Issue

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Holding and Reasoning (Seidl, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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