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� �1' a ��� w.' v � fit. , S �,�`r �+};s�� �t{�. ;•b"' ► 9 y, i <br />-2- <br />p <br />8. This matter was then brought to the attention of the. Dane County Board <br />of Adjustment in Appeal #1141. <br />9. On April 28, 1983, the Board of Adjustment reached a decision permit- <br />ting the use of non -conforming mineral extraction sites even though they had <br />been discontinued for more than one year, which decision was filed with the <br />clerk on May 11, 1983. <br />J_ 10. This decision of the Board of Adjustment is clearly "erroneous and con <br />trary to the specific provisions of both Wisconsin Statutes and the Dane County <br />Ordinances for the following reasons:. <br />(a) To the knowledge of Bealtors-Plaintiffs no written interpreta <br />was ever made or published prior to the April 28, 1983, decision of the Dane <br />County Board of Adjustment which would interpret the Dane County Zoning Ordinan- <br />ices to permit the reactivation of a mineral extraction site after its use had <br />been discontinued for more than one year. <br />(b) Realtors -Plaintiffs had no notice or knowledge of any such inter <br />pretation at the time they built and occupied their ho-�aes in Drover's Woods. <br />(c) Any such interpretation would be of no effect because it x5ould <br />lbe(co' ntrary to the clear :anguage o" ordinance sections 10.12 and. 10.21 then in <br />leffect. <br />(d) Any interpretation of the Dane County Ordinances which would permit <br />the resumption of a non -conforming use after it had been discontinued for more <br />i <br />than one year would void the ordinance as being in conflict with §59.97 (10) <br />Wis. Stats., the enabling statute. <br />(e) The Dane County Board of Adjustment apparently relied on the <br />provision added to Section 10.21 in December, 1981, which provides "mineral <br />extraction sites that were registered as non -conforming sites under §10.126(2) <br />(a) 5 shall not be considered as abandoned or discontinued if the site is in- <br />active for more than one year". This additional provision cannot be relied on <br />because: <br />n i. This additional 130CL".ImL cannot be applied retroactively to <br />, ) 1.1. 1'111ct ndd:lCl.itn:tl. ltt'c:v (u i.utt .L 11 tta.t.tu 1.11 d LI:Cct C011L1.1Ct with <br />