Ziervogel v. Washington County Board of Adjustment
Wisconsin Supreme Court
676 N.W.2d 401 (2004)
Richard Ziervogel and Maureen McGinnity (plaintiffs) owned a 1.4-acre property in West Bend, Washington County (the county). The property had 200 feet of lake frontage and a 1600-square-foot house with a legal 26-foot setback from the high-water mark of the lake. In 2001, the county amended its shoreland-zoning ordinance to prohibit the expansion of any portion of an existing structure within 50 feet of the high-water mark of the lake. Ziervogel and McGinnity wanted to construct a 10-foot addition to their house, but the addition would have violated the amended ordinance, so Ziervogel and McGinnity applied for a variance from the Washington County Board of Adjustment (the board) (defendant). The board denied the variance because Ziervogel and McGinnity had not proven that they had no reasonable use of the property without the variance. Ziervogel and McGinnity petitioned the circuit court, which upheld the board’s decision. The appellate court affirmed. Ziervogel and McGinnity appealed to the Wisconsin Supreme Court.
Rule of Law
Holding and Reasoning (Sykes, J.)
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