DCPVAR-1983-01141 - Laserfiche WebLink

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current Dane County ordinances except ALLEGE that representatives of Madison Sand and Gravel were informed that compliance with the land reclamation requirements of sec. 10.126(2)(a)2. and 3., D.C. Ords., was not necessary. 6. ADMIT the allegations of paragraphs 8 and 9 of the Petition. 7. As to the allegations of paragraph 10 of the Petition, DENY the allegation and legal conclusion therein that the decision of the Board of Adjustment is clearly erroneous and contrary to the specific provisions of both Wisconsin Statutes and the Dane County Ordinances; ADMIT the allegation therein that no written interpretation was ever made or published prior to April 28, 1983, and ALLEGE that none is required; DENY the allegation therein that Relator - Plaintiffs had no notice or knowledge of any such interpretation at the time they built and occupied their homes in Drover's Woods; DENY the allegation and legal conclusion therein that any such interpre- tation would be of no effect because it would be contrary to the clear language of secs. 10.12 and 10.21, D. C. Ords., then in effect; DENY the allega- tion therein that the Dane County Board of Adjustment relied on the amendment to sec. 10.21, D. C. Ords., made in December, 1981 to reach its decision of April 28, 1983; DENY the allegation and legal conclusion expressed therein that the alleged non -conforming use had been lost through nonuse; DENY the allegation that there in fact existed any nonuse within the meaning of the Dane County Zoning Ordinance; DENY the allegation and legal conclusion that the December, 1981 amendment to sec. 10.21, D. C. Ords., is in direct conflict with sec. 59.97(10), Stats.; DENY the allegation and legal conclusion therein that the December, 1981 amendment applies only to sites registered under sec. 10.126(2)(a)5., D. C. Orris.; and DENY the allegation and legal conclusion therein that the Board of Adjustment did not consider the clear language of the ordinance or sec. 59.97, Stats., in reaching its decision of April 28, 1983. 8. DENY the allegation of paragraph 11 of the Petition that Relators -Plaintiffs have been aggrieved by the decision of the Dane County Board of Adjustment. 9. ALLEGE AND CERTIFY TO THE COURT that the attached Exhibit A, consisting of pages 1 to 40 inclusive, is a true and correct copy of the record before the Defendant Board of Adjustment, upon which the Defendant Board of Adjustment relied in reaching its decision of April 28, 1983, and includes as well