Racine County v. Alby

This is a zoning case. The lower court’s judgment permanently enjoins defendants-appellants from operating a gravel quarry in violation of a zoning ordinance and requires that the quarry area be restored to its pre-existing condition.

The sole issue, which is dispositive of this appeal, is whether the town board of the town of Waterford, Racine county, validly enacted the zoning ordinance which does not permit the quarry use asserted by defendant-appellant Ronald Alby when it adopted a zoning map but failed to also approve the text of the county zoning ordinance. Our analysis leads to but one…