HomeMy WebLinkAboutOrdinance 2023 (923)
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STATE OF WISCONSIN CIRCUIT COURT ST. CROIX COUNTY
HIDEAWAY, LLC.
and
MIKE KAPPERS,
Case No. 23CV294
Petitioners/Plaintiffs, Case Code: 30955
-vs-
ST. CROIX COUNTY
and
ST. CROIX COUNTY BOARD OF SUPERVISORS,
Respondents/Defendants.
ORDER FROM NOVEMBER 29, 2023 HEARING
___________________________________________________________________________________
The above-referenced matter came on for oral arguments before the Honorable Scott J. Nordstrand
on November 29, 2023 at 1:00 p.m. The appearances were: Attorney James R. Johnson on behalf of
Petitioners/Plaintiffs Hideaway, LLC and Mike Kappers; Mike Kappers in person; Attorney Heather M.
Amos, Corporation Counsel, on behalf of Respondents/Defendants St. Croix County and St. Croix County
Board of Adjustment. Based on the records and proceedings herein, and for the reasons stated on the record,
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THE COURT FINDS THAT:
1. No findings were articulated by the County Board of Supervisors detailing their decision
to deny the rezoning application of the Petitioners/Plaintiffs and there was insufficient evidence to support
denial of the rezoning application. Therefore, the decision of the County Board of Supervisors is arbitrary,
oppressive, and unreasonable. The decision to deny the rezoning application was based on the County
2. The case of , 2020 WI App 44, 393
Wis. 2d 496, 947 N.W.214 is relied upon to support a reversal of the issue versus remand as the due
process rights of Petitioners/Plaintiffs would be violated if the matter is remanded to the County Board of
Supervisors for further action.
THEREFORE, IT IS HEREBY ORDERED THAT:
1. Petitioners/Plaintiffs Writ of Certiorari is hereby granted.
2. The decision of the County Board of Supervisors to deny the rezoning application is hereby
reversed without remand and the County Board of Supervisors is ordered to rezone the parcel at issue
from C-1 Commercial to C-3 Commercial.
3.
from the case. The parties shall attempt to resolve this issue by agreement.
4. The Court r
Petitioners/Plaintiffs to file a motion to address the request for attorney fees.
THIS IS A FINAL ORDER FOR PURPOSES OF APPEAL.
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