[DOWNLOAD] "Malcolm" by State of Wisconsin in Court of Appeals District III " Book PDF Kindle ePub Free

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eBook details

• Title: Malcolm
• Author : State of Wisconsin in Court of Appeals District III
• Release Date : January 23, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

1 Malcolm, Inc., appeals an order from the circuit court affirming the Eau Claire County Board of Land Use Appeals decision to deny its application for an area variance. Malcolm argues that the board applied the incorrect, no reasonable use standard from State v. Kenosha County Bd. of Adjustment, 218 Wis. 2d 396, 577 N.W.2d 813 (1998). We agree. Malcolm next argues that this court should overturn the boards decision and grant the variance. We disagree. Finally, Malcolm argues that if we remand this matter to the board for further review, we should include an instruction to the board that it may not entertain any new evidence. Again, we disagree. Accordingly, we reverse and remand this matter to the circuit court with directions to remand to the board for further proceedings. The boards analysis of Malcolms variance application should be based on the unnecessary hardship standard articulated in Ziervogel v. Washington County Bd. of Adjustment, 2004 WI 23, 269 Wis. 2d 549, 676 N.W.2d 401. We further hold that the board may consider any new evidence in its application of the correct legal standard.

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