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STATEMENT OF FACTS <br />Relator -Plaintiff Drover's Woods Homeowner's Association <br />is an organization of homeowners whose homes are located in <br />the Town of Sun Prairie. Relator -Plaintiff Don Simon, Inc., <br />is the developer of the subdivision known as Drover's Woods. <br />Drover's Woods is located adjacent to a mineral extraction <br />site (gravel pit) which is now owned by Madison Sand and <br />Gravel. The mineral extraction site has been inactive for <br />some time such that Relators -Plaintiffs claim that it is a <br />nonconforming use under the Dane County Zoning Ordinance, <br />Chapter 10 of the Dane County Ordinances, and that it cannot <br />again be reopened. Relators -Plaintiffs were told by persons <br />other than county officials that the site was abandoned. <br />Exhibit A, page 6 of the Return to Writ of Certiorari. <br />Relators -Plaintiffs also claim it is a nonconforming use under <br />sec. 59.97(10), stats. <br />The Dane County Zoning Administrator has determined that <br />a mineral extraction site does not become a nonconforming use <br />within the meaning of sec. 10.21, D. C. Ords., merely because <br />it is unworked for a period of time, reasoning that gravel <br />pits by their very nature go through periods of inactivity and <br />that inactivity per se does not constitute abandonment of the <br />use providing the site has been properly registered as <br />required by the ordinance. Relators -Plaintiffs appealed this <br />interpretation to the Dane County Board of Adjustment. The <br />Board of Adjustment upheld the Dane County Zoning <br />Administrator's interpretation and Relators -Plaintiffs appeal <br />from the Board's decision. <br />-2- <br />