Birck v. County of Walworth

DECISION AND ORDER

REYNOLDS, District Judge.

Plaintiff Patricia Birck (“Birck”) claims, pursuant to 42 U.S.C. § 1983, that Walworth County violated her Fourteenth Amendment rights by denying her application for a conditional use permit that would enable her to land a helicopter on a farm she owns. Defendants have filed a motion for summary judgment and a motion to dismiss for failure to state a claim. For reasons set forth below, the motion for summary judgment will be granted.

I. Facts

Birek’s farm consists of 72 acres, most of it zoned “A-l,” or “Prime Agricultural Land District.” In her…