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P{ 4 .G404 1,3 <br /> S� Pis- c- f U <br /> OFFICE OF THE Corporation Counsel 2 1 <br /> Cal W. Kornstedt <br /> CORPORATION COUNSEL L` ' <br /> September 14 , 1995 <br /> Jim Gregorius, Zoning Administrator <br /> Room 116 , City-County Building <br /> 210 Martin Luther King, Jr . Blvd. <br /> Madison, WI 53709 <br /> Dear Jim: <br /> You have requested legal advice on how your office should process <br /> applications for new building permits, conditional use permits or <br /> rezoning involving property located in the area in which the Village <br /> of DeForest is presently claiming exclusive extraterritorial zoning <br /> jurisdiction . Your request is made in light of two recently filed <br /> lawsuits which challenge Dane County' s zoning authority over the <br /> extraterritorial area . <br /> Given the uncertainty presently surrounding Dane County' s exercise <br /> of zoning jurisdiction in the area in question, as evidenced by the <br /> pending cases addressing that very issue, I advise restraint . <br /> Clearly, if Dane County exercises zoning authority in the <br /> extraterritorial area and a court later conludes the County had no <br /> such authority, the County may well find itself the subject of <br /> claims for substantial damages based upon a theory of detrimental <br /> reliance on the County' s issuance of a permit or grant of a rezone . <br /> The County would be able to limit its exposure to such liability by <br /> suspending the acceptance of applications for rezones, new building <br /> permits and CUPs in the affected area until the issue of its <br /> authority to do so has been judicially determined. While this <br /> policy would of course not be immune to legal challenge, it has the <br /> advantage of limiting potential damage awards . <br /> Give me a call if you have any futher questions or concerns <br /> regarding this issue . <br /> Yours truly, <br /> 1�dney g <br /> R <br /> F . Kni ht <br /> o <br /> Deputy C poration Counsel <br /> - - .. .. - - - .. . .. . . ••- .•__ ....-----._ r.,>nn rsnoinr_c A7CC .. <br />