Rodgers v. Village of Menomonee Falls

There are three issues presented on this appeal:(1) Should sec. 62.23 (7) (d), Stats., be construed so as to make the area of potential protest the area adjacent to and 100 feet from the boundary line of the property of the party seeking the zoning change, rather than the property for which rezoning is sought;(2) Should the resolution passed by the school district at its annual meeting be treated as a valid protest to the petition for rezoning; and(3) Was the rezoning of the 42-acre parcel illegal spot zoning?

Statutory area of permissible protest.

Appellants argue that the 100-foot boundary…