Northwest Properties v. Outagamie County

Outagamie County appeals a judgment granting Northwest Properties' motion for summary judgment. The County contends the trial court erred by concluding that Outagamie County, Wis., Airport Zoning Ordinance § 21.53(4) (July 17, 1990) requiring duplexes to be built on lots of two acres or more is constitutionally arbitrary and irrational. We conclude that the ordinance is rationally related to public safety and therefore reverse.

Northwest Properties purchased approximately twenty acres of land in the Town of Grand Chute in Outagamie County for the purpose of constructing two-family duplexes.…