Town of Delton v. Liston

¶ 1. The City of Baraboo 1 appeals the circuit court's declaratory judgment and its order that the City approve the preliminary plat of the Poplar Meadows subdivision. We agree with the circuit court that Baraboo, WI Ordinance (Ord.) § 18.02(8)(a) (1992) conflicts with Wis. Stat. § 236.13(2)(a) (2005-06) 2 to the extent it imposes, as part of its extraterritorial plat review jurisdiction, a minimum lot size where the lot or parcel is not served by a public sanitary sewer system. We further agree with the circuit court's conclusion that the ordinance provision is void to that extent and the…