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DCPVAR-1983-01141
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DCPVAR-1983-01141
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DCPVAR-1983-01141
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minutes of the Defendant Board's meetings relating to <br />the subject matter of this action. <br />DECLARATORY JUDGMENT <br />10. As to the allegations of paragraph 12 of the <br />Complaint for Declaratory Judgment, reallege the <br />answers to the Petition for Writ of Certiorari as set <br />forth above in paragraphs 1 to 9 inclusive. <br />AFFIRMATIVE DEFENSE <br />11. ALLEGE that the Dane County Zoming Ordinance insofar <br />as it is pertinent or relevant to this action was <br />adopted and last amended in December of 1981; that <br />prior -to said date there was placed at least one <br />notice of a zoning hearing in a paper of general <br />circulation in Dane County and that a notice and <br />public hearing were held at the time and place <br />specified in such notice; that Relator -Plaintiffs <br />bring this action more than six months after the <br />adoption of the ordinance and ordinance amendment <br />which they are seeking to have declared unlawful and <br />that this action is therefore barred by the operation <br />of sec. 59.97(14), Stats., and sec. 893.73(1), <br />Stats., as untimely. <br />WHEREFORE, Defendants pray that the decision of the Dane <br />County Board of Adjustment in Appeal No. 1141 be upheld and <br />further that the action for Declaratory Judgment be dismissed in <br />its entirety, with costs, and for such other and further relief <br />as may be just and equitable under the circumstances. <br />Dated this 23rd day of June, 1983. <br />GLENN L. HENRY, <br />?—al <br />County Co poration Counsel <br />By: <br />W. Kor stedt, <br />Senior Assistant Corporation Counsel <br />Attorneys for Defendants Dane County <br />Board of Adjustment and Dane County <br />210 Monona Ave., Rm. 313D <br />Madison, WI 53709 <br />(608)266-4355 <br />
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