Town of Cross Plains v. Kitt's "Field of Dreams" Korner, Inc.

¶ 1. This appeal concerns the

nature of the vested interest required for a noncon forming use entitled to protection under Wis. Stat. § 59.69(10)(a) (2007-08). The circuit court held on summary judgment that the adult entertainment provided at a tavern for twelve days before the effective date of an ordinance amendment prohibiting that use in that zoning district did not constitute a nonconforming use under the statute. The appeal by the owners presents two primary issues. The first is: What, if anything, in addition to a use actually occurring on the effective date of the ordinance amendment,…