Bettendorf v. St. Croix County Board of Adjustment

John Bettendorf appeals a judgment dismissing his appeal to the circuit court pursuant to § 59.99(10), Stats., from a decision of the St. Croix County Board of Adjustment.1 The board decided not to modify a condition imposed upon an earlier variance granted to Bettendorf. The circuit court dismissed the appeal for failure to file it within the thirty-day period established by the statute.2 *314Because the issue of modification of the prior decision raised a new issue, we conclude that Bettendorfs appeal is timely. We therefore reverse and remand for further proceedings.

BACKGROUND

On October…