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STATE- OF WISCONSIN <br />CIRCUIT COURT <br />DROVER'S WOOD EOXEOWNEM S ASSOCIATION, <br />and /r <br />DON SIi40N, INC., I,,e<'1Lors_ <br />Plaintiffs, <br />DANE COUNTY and <br />DANE COUNTY BOARD OF ADJUSTMENT, <br />Defendants. <br />Mi <br />DANE COUNTY I <br />PETITION AND COMPLAINT <br />Realtors -Plaintiffs, by their attorneys, Aulik, Brill & Eustice, S. C., <br />petition the Court and allege as follows: <br />Ch'KTioi ARI <br />,% 1. Drover's Woods Homeowner's Association is an unincorporated association <br />of the owners of homes in Drover's Woods Plat in Dane County, Wisconsin. <br />,L,,,/'2. Don Simon, Inc. is a Wisconsincorporation with offices at Sun Prairie, <br />Wisconsin and is in the business of real estate development and sales. <br />4,,13. In 1968 Dane County adopted an ordinance regulating mineral extraction <br />sites which established such sites as non -conforming uses. <br />4. Until December 12, 1981, both the ordinance and §59.97 (10) Wis. Stats. <br />(current section number) prevent resuriptio,; of such non -conforming usea if dis- <br />continued for one year. <br />f 5. During the 1970's Realtors -Plaintiffs -built and occupied homes in Drove is <br />Woods Plat in Dane County. <br />i <br />6. For more than one year prior to this development the mineral extraction <br />site adjacent to Drover's Woods was not used for mineral extraction and it <br />remained in continuous dis-use all LhrouLh the 1970's while development was <br />loccurring. <br />7. J'.0 19t;1' ct,.cdl.con SLoru: lxoul;lct Lhic ultc cine wu3 allegedly tol l <br />by LI►e Z011 L119 I d MIIII.I'Lrutoi- Mutt. LII r).LLu could 'I)u co-OI)uned W LIIuuL couiplying <br />with current Duna County orcl:Lnanccil. <br />