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DCPREZ-0000-06015
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DCPREZ-0000-06015
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Last modified
3/15/2016 3:47:04 PM
Creation date
3/15/2016 3:47:01 PM
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Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
06015
Town
Springdale Township
Section Numbers
28
AccelaLink
DCPREZ-0000-06015
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16. In imposing said Deed Restrictions -on Mr. Garfoot as a <br /> requirement for approval- of his request rezoning, Dane County has <br /> violated Plaintiff's rights in "taking" Plaintiff's property in <br /> violation of the fifth and fourteenth amendments of the United <br /> States Constitution and Article I, Sec. 13 of the Wisconsin <br /> Constitution. <br /> WHEREFORE, Plaintiff, Mr. William Garfoot, prays this court <br /> for a Declaratory Judgment under the Wisconsin and United States <br /> Constitutions that the action of Dane County authorities in <br /> incorporating said Deed Restrictions in Ordinance Amendment No. <br /> 6015 to be unconstitutional. <br /> WHEREFORE, Plaintiff prays this court to find the Dane County <br /> Ordinance Amendment No. 6015 to be an illegal contract zoning <br /> because of the inclusion of said Deed Restriction in said rezoning <br /> decision. <br /> WHEREFORE, Plaintiff prays this court to issue a Writ of <br /> Mandamus to order said county authorities to strike said Deed <br /> Restriction from said zoning decision and order Dane County to keep <br /> in place said county decision to change zoning on the land involved <br /> from A-1 to R-3A. <br /> WHEREFORE, Plaintiff prays that this Court issue a Writ of <br /> Mandamus to order Dane County to suspend the registration date of <br /> the Deed restriction cited in paragraphs 9 and 10 above pending the <br /> outcome of this action. <br /> WHEREFORE, Plaintiff prays this court to assess Dane County <br /> all court and attorneys fees together with any other relief this <br /> 4 <br />
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