Schroeder v. Dane County Board of Adjustment

This appeal concerns the interpretation and application of Dane County Ordinances § 10.191(6), which relates to the registration of nonconforming mineral extraction operations. The Dane County Board of Adjustment interpreted the ordinance to permit, under the diminishing asset rule, operation on a contiguous parcel belonging to the owner of the operation, even though that parcel was not listed on the record of registered operations. Jon Halverson, the owner of the operation, appeals the trial court's order, which reversed the board's decision and affirmed the decision of the zoning…