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' Defendant Phelps failed to veto similar rezoning petitions adopted by the Defendant <br /> Dane County Board of Supervisors at the same time or since his veto of Plaintiffs' petition and as a <br /> result his action herein is unconstitutional and illegal as being both discriminatory and violative of <br /> Plaintiff's equal protection and due process guarantees. <br /> IV. FOURTH CAUSE OF ACTION <br /> VETO ACTION WAS CAPRICIOUS <br /> 21. Plaintiffs reallege and incorporate by reference paragraphs 1-20 above. <br /> �2. That the Defendant Phelps has failed to state sufficient grounds or any legal basis for <br /> his veto of Plaintiffs' petition and as a result his action herein in doing so constitutes and unfettered <br /> and discretionary political use of said power and as a result is an arbitrary and thus illegal use of <br /> said power. <br /> V. FIFTH CAUSE OF ACTION <br /> VETO ACTION WAS AN ABUSE OF POWER <br /> 23. Plaintiffs reallege and incorporate by reference paragraphs 1-22 above. <br /> 24. Defendant Phelps is attempting to amend the Town of Springdale land use plan and <br /> the Dane County Zoning Ordinance by vetoing the ordinance adopted by the Defendant Dane <br /> County Board of Supervisors when the property in question had previously been removed a <br /> Farmland Agriculture Preservation District under the adopted Dane County Farmland Preservation <br /> Plan by prior land division; accordingly, said action constituted an abuse of power, was arbitrary <br /> and was based upon an error of law. <br /> 25. The facts above state an actual and serious controversy that has arisen between the <br /> Plaintiffs and the Defendants as to whether the Plaintiff can be denied his rezoning request by a <br /> veto which was clearly inappropriate. <br /> 5 <br />