Legal Opinion

Osterhues v. Board of Adjustment

Court of Appeals of Wisconsin

Decided April 27, 2004No. 03-2194PublishedCited by 1 opinion

1Opinion of the Court

HOOVER, PJ.

¶ 1. The sole issue on appeal is whether, under Wis. Stat. § 59.694, 1 the Washburn County Board of Adjustment must conduct a de novo hearing when it takes an appeal of the county zoning committee's action. The trial court concluded that it must and remanded the case to the board for further proceedings. Because it concluded that was the disposi-tive issue, it dismissed the plaintiffs' additional claims without prejudice. We conclude that the statute does not require a de novo hearing and reverse the judgment. The cross-appeal requests that, if we reverse the trial court, we…

2Cases cited5 opinions

  1. Hutson v. State Personnel CommissionWisconsin Supreme Court · 2003
  2. Miswald v. Waukesha County Board of AdjustmentCourt of Appeals of Wisconsin · 1996
  3. League of Women Voters of Appleton, Inc. v. Outagamie CountyWisconsin Supreme Court · 1983
  4. Village of Williams Bay v. MetzlCourt of Appeals of Wisconsin · 1985
  5. Kuehnel v. Wisconsin Registration Board of Architects & Professional EngineersWisconsin Supreme Court · 1943

3Cited by1 opinion

  1. Osterhues v. BD OF ADJUSTMENT FOR WASHBURN COUNTYWisconsin Supreme Court · 2005

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