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STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY <br />----------------------------------------------------------------- <br />DROVER'S WOODS HOMEOWNER'S - <br />ASSOCIATION and DON SIMON, INC., - BRIEF <br />- OF <br />Relators -Plaintiffs, - DEFENDANTS <br />-vs- _ <br />DANE COUNTY and DANE COUNTY - Case No. 83CV2808 <br />BOARD OF ADJUSTMENT, - <br />Defendants. - <br />----------------------------------------------------------------- <br />STATEMENT OF THE CASE <br />This case is before the circuit court on a petition for <br />writ of certiorari to review a decision of the Dane County <br />Board of Adjustment. The Board of Adjustment interpreted <br />specific provisions of the Dane County Zoning Ordinance to <br />mean that certain mineral extraction operations could be <br />continued as nonconforming uses even though not worked for <br />periods of time in excess of one year. Relators -Plaintiffs <br />appeal from that determination, contending that the Board of <br />Adjustment misconstrued the ordinance. <br />In the alternative, if the Board of Adjustment is correct <br />in its interpretation of the ordinance, Relators -Plaintiffs <br />seek a declaratory judgment that the ordinance is void, on the <br />ground that allowing a nonconforming use to continue after non- <br />use for a year or longer is violative of sec. 59.97(10), <br />stats. <br />