Osterhues v. BD OF ADJUSTMENT FOR WASHBURN COUNTY

¶ 1. This is a review of a published decision of the court of appeals, Osterhues v. Board of Adjustment for Washburn County, 2004 WI App 101, 273 Wis. 2d 718, 680 N.W.2d 823, that reversed a judgment and order of the circuit court for Washburn County, Robert H. Rasmussen, Judge. The court of appeals held that a county board of adjustment does not have the authority to conduct a de novo review of a county zoning committee's decision. We reverse.

¶ 2. When reviewing the decision to grant or deny a conditional use permit, a county board of adjustment has the authority to conduct a de novo review…