Lake Delavan Property Co. v. City of Delavan

¶ 1 The City of Delavan appeals from a judgment reversing its denial of a preliminary subdivision plat under a City ordinance addressing extraterritorial land division. We agree with the circuit court that the City's denial of the proposed plat was on the basis of the proposed use of the land and was therefore prohibited by Wis. Stat. § 236.45(3)(b) (2011-12).1 The City's ordinance purports to be a permissible land division restriction on extraterritorial plats, but in effect it is extraterritorial zoning, which the City may not accomplish independent of the Town of Delavan. We affirm.

FACTS

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