Legal Opinion · Concurrence

Olson v. Town of Cottage Grove

Wisconsin Supreme Court

Decided May 30, 2008No. 2005AP2257Published

1ConcurrenceShirley S. Abrahamson, C.J.

¶ 74. {concurring). I concur in the court's mandate. I agree with the majority opinion that Olson's rezoning petition was approved, conditional upon his compliance with the ordinance that he challenges, when he filed his action.1 *404Olson's efforts to rezone his property were therefore, as the majority opinion states, "directly impacted by application of the ordinance when he filed his suit."2 I conclude that the circuit court erroneously exercised its discretion by resting its determination of ripeness on an erroneous standard of law. The circuit court's determination rested on its erroneous…

2Cases cited7 opinions

  1. Loy v. BundersonWisconsin Supreme Court · 1982
  2. Putnam v. Time Warner Cable of Southeastern Wisconsin, Ltd. PartnershipWisconsin Supreme Court · 2002
  3. State v. JenkinsWisconsin Supreme Court · 2007
  4. Milwaukee District Council 48 v. Milwaukee CountyWisconsin Supreme Court · 2001
  5. State v. HullingerSouth Dakota Supreme Court · 2002

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