State v. Winnebago County

The State of Wisconsin appeals a variance granted by the Winnebago County Board of Adjustment and then affirmed by the trial court. The State 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 evi-dentiary 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…