(Download) "County Sauk v. Warren Trager" by Supreme Court of Wisconsin # eBook PDF Kindle ePub Free
eBook details
- Title: County Sauk v. Warren Trager
- Author : Supreme Court of Wisconsin
- Release Date : January 24, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This is a review of a published decision of the court of appeals, County of Sauk v. Warren Trager, 113 Wis. 2d 48, 334 N.W.2d 272 (1983), affirming a judgment of the circuit court for Sauk county, James R. Seering, Circuit Judge. The circuit court dismissed an action brought by Sauk county against Warren Trager for a forfeiture for violations of the Sauk county zoning ordinance, for an order requiring Trager to move a garage, and for an injunction against further violation of the ordinance. The court of appeals affirmed the judgment of the circuit court, and we affirm the decision of the court of appeals. At issue is whether Trager's failure to seek judicial review of an adverse decision of the Sauk County Board of Adjustment pursuant to sec. 59.99, Stats., precludes him from asserting the invalidity of the board's decision in a circuit court action brought by the county to enforce the board's decision. If Trager is not precluded from asserting the defense in this enforcement action, the issue then is whether the Sauk County Board of Adjustment correctly concluded that Trager violated the Sauk county zoning ordinance. We hold that Trager is not precluded from asserting his defense and that the Board erred in its interpretation of the ordinance.