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■ <br /> (Icy n,,o, OFFICE OF THE ,a ed <br /> KL•• :tic ounsel <br /> CORPORATION COUNSEL w <br /> F <br /> � I+I <br /> April 28, 1995 <br /> Supervisor Lyman Anderson, Chair <br /> Zoning & Natural Resources Committee <br /> Dane County Board of Supervisors <br /> 118 City-County Building <br /> 210 Martin Luther King,Jr., Blvd. <br /> Madison, WI 53709 <br /> Dear Supervisor Anderson: <br /> You ask this office to determine whether, in light of the exercise of extraterritorial <br /> zoning by the Village of DeForest, the County of Dane retains authority to consider an <br /> application for conditional use permit no. 1237. For the reasons set forth below, I believe <br /> the Village of DeForest has sole authority to consider this conditional use permit. <br /> The use contemplated by conditional use permit no. 1237 is that of a so-called <br /> truck stop on land zoned C-1 Commercial under the Dane County Zoning Ordinance. <br /> The land lies in an area which has recently been made subject to the Village of DeForest's <br /> extraterritorial zoning ordinance. The village's extraterritorial zoning ordinance is <br /> authorized by s. 62.23(7a), Stats. It appears unchallenged that the Village of DeForest has <br /> properly adopted its extraterritorial zoning ordinance, the only issue being whether the <br /> adoption of this ordinance preempts the county's jurisdiction over the application for <br /> conditional use permit no. 1237. Although the application was filed before the Village of <br /> DeForest adopted its extraterritorial zoning ordinance, the county had not taken any final <br /> action on the application as of the date of adoption of the ordinance. <br /> Conditional use permits are granted in the exercise of a municipality's <br /> administrative authority. League of Women Voters v. Outagamie County, 113 Wis. 2d 313, <br /> 334 N.W.2d 887 (1983) (". . . the administrative decision to grant the conditional use <br /> permits." at 334 N.W.2d 887, 890; "The trial court was aware that the zoning <br /> committee's decision would be the only administrative procedure granted plaintiffs . . . ", <br /> p. 891 [emphasis added]. The attorney general has opined that all administrative functions <br /> are transferred to the village when it exercises extraterritorial zoning. OAG 64-7, <br /> September 5, 1978. ("The procedure for administration and enforcement of <br />