Forest County v. Goode

¶ 60. {concurring). I agree with the majority's discussion determining that Wis. Stat. § 59.69(11) does not eliminate the traditional equitable powers of the circuit courts. However, I write separately to caution those same circuit courts to consider in the exercise of their power the very real prospect that by merely anteing up the amount of a fine imposed, individual landowners may, by circumstance or design, effectively "purchase" a variance for their nonconforming lakefront homes. In such instances, the general welfare of the public is derogated in favor of the individual homeowner and…