Town of Clearfield v. Cushman

Walter Cushman appeals from a summary judgment in favor of the town of Clearfield adjudging him guilty of violating a town ordinance and assessing him a $3,000 forfeiture. The dispositive issues are whether sec. 66.058(2)(b), Stats.,1 permits *555towns to regulate individual mobile homes outside mobile home parks and whether the town’s ordinance is a zoning ordinance.2 We conclude that sec. 66.058(2)(b) does not grant towns authority to regulate mobile homes outside mobile home parks. We also conclude that the town’s ordinance is a zoning ordinance and that it was invalidly enacted. We therefore…