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• <br /> 12/8/95 with the County Board of Zoning Adjustment, and those <br /> possible remedies and related activates will continue to be <br /> pursued in due course. <br /> The purpose of this NOTICE is to give notice as may be required <br /> by Wis. Stats. Chapter 893 and Wis. Stat. 893 .80 and 873. 73 of a <br /> potential claim by David G. Stauffacher, whose address is 4706 <br /> E. Washington Avenue, Madison, WI, 53704, and/or 4953 CTH "N", <br /> Town of Sun Prairie, Dane County, WI, 53590. Stauffacher is the <br /> owner of the property at 4987 CTH "N", Sun Prairie, WI, which is <br /> the subject of the petition. <br /> The "veto" was invalid, illegal and unwarranted for, inter alia, <br /> one or more of the following reasons: <br /> 1. ) It is not authorized by law and violates and exceeds <br /> executive veto powers conferred by Wis. Stats. , Chapter 59. <br /> 2. ) It was arbitrary. <br /> 3 . ) It was capricious. <br /> 4. ) It was an abuse of discretion. <br /> 5. ) The reasons given were pretextual, and the true reasons, were <br /> not legal nor valid factors. One reason was an unwarranted <br /> mistrust of applicant personally. <br /> 6. ) It was based, in part, upon misrepresentations and false <br /> evidence from persons without standing to object, and who <br /> exceeded and abused their First Amendment right to be heard. <br /> 7. ) The purported reasons were not sufficient nor le <br /> from which to exercise the veto. legal grounds <br /> 8. ) Stauffacher validly complied with County zoning ordinances or <br /> requirements. <br /> 9. ) The County ordinances were not violated by Stauffacher. <br /> 10. ) The County ordinance(s) alledgely violated do not apply to <br /> petitioner nor to petitioner's personal operations or activities. <br /> Alternatively, petitioner's use was non-conforming. <br /> 11. ) Stauffacher should not have been required to file a petition <br /> to rezone lands under the circumstances, and filed a petition <br /> without prejudice as to the propriety of the petition <br /> requirement, and which petition was not fully heard acted upon <br /> adversely until the veto and failure to override. <br /> 12 . ) The "veto" and the Executives' conduct in this and similar <br /> matters violated Constitutionally mandated seperation of powers <br /> and due process. On information and belief, the "veto" is <br /> - 2 - <br />