Summary
The Wisconsin Supreme Court considered whether the Town of Cooks Valley's nonmetallic mining ordinance was a zoning ordinance requiring Chippewa County Board approval. Applying a functional approach, the court concluded that the ordinance was a non-zoning police-power regulation because it did not create districts, establish generally permitted land uses, or comprehensively allocate land uses throughout the town. The court reversed the circuit court's judgment in favor of the plaintiffs.
Holdings
- The ordinance was not a zoning ordinance. It was a valid non-zoning ordinance enacted under the Town's general police power, so Chippewa County Board approval was not required.
Questions Presented
- Whether the Town's Nonmetallic Mining Ordinance was a zoning ordinance requiring Chippewa County Board approval under Wisconsin law.
Disposition
reversed
Cases Cited (16)
- State ex rel. Zillmer v. Kreutzberg, 114 Wis. 530, 90 N.W. 1098 (1902)(followed)
- State v. Cole, 2003 WI 112, 264 Wis. 2d 520, 665 N.W.2d 328(followed)
- Village of Wind Point v. Halverson, 38 Wis. 2d 1, 155 N.W.2d 654 (1968)(followed)
- Town of Clearfield v. Cushman, 150 Wis. 2d 10, 440 N.W.2d 777 (1989)(followed)
- Town of Rhine v. Bizzell, 2008 WI 76, 311 Wis. 2d 1, 751 N.W.2d 780(followed)
- Heitman v. City of Mauston Common Council, 226 Wis. 2d 542, 595 N.W.2d 450 (Ct. App. 1999)(distinguished)
- Gordie Boucher Lincoln-Mercury Madison, Inc. v. City of Madison Plan Commission, 178 Wis. 2d 74, 503 N.W.2d 265 (1993)(overruled_authority)
- Wood v. City of Madison, 2003 WI 24, 260 Wis. 2d 71, 659 N.W.2d 31(followed)
- Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926)(followed)
- State ex rel. Schleck v. Zoning Board of Appeals, 254 Wis. 42, 35 N.W.2d 312 (1948)(distinguished)
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Cited In (0)
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Court Document
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