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. Letter to Dane County Zoning & Natural Resources Committee October 12, 1993 Page 2 4. In Winter/Spring 1992,the Dane County Zoning and Natural Resources Committee and Dane County Board voted to deny Madison Landfill's petition to rezone the adjacent property from A-1 to A-2 for the proposed Libby Landfill. This would have been another example of a proposed business purpose with a C.U.P. 5. The decision of the Waste Facility Siting Board was successfully challenged by Madison Landfills,Inc.at the Dane County Circuit Court level and has been appealed by the Libby Local Committee. A potential outcome of the Appeals Court decision could involve a remand back to the Waste Facility Siting Board for reconsideration. If the WFSB then is convinced that Dane County has applied its standards inconsistently or in a discriminatory way, they may determine to waive all Dane County zoning control in this case. This would provide the green light for the Libby Landfill development. 6. Dane County is currently in the Court of Appeals process to defend Madison Landfill's challenge of Dane County's rezoning denial for the Libby Landfill outlined in #4 above. As suggested in the last paragraph, any actions which could convince the Appeals Court that Dane County applied its standards inconsistently could provide evidence for Madison Landfill's action to reverse the zoning order. 7. Madison Landfills Inc.can reapply for a zoning and conditional use permit once per year for the Libby Landfill. Evidence of discrimination in the denial of a future Libby petition could result in court action. 8. A rezone for the purposes requested in this petition would create a precedent for approving business development in an agricultural district without a prior change in land use philosophy by either the town or county. 9. Madison Landfill's currently holds a purchase contract for the Van Daalwyk parcel (subject of this zoning petition) and controls the future of this property (see Exhibit#2). Any rezoning action may effectuate a positive zoning change for the Madison Landfills operation. We hope that the above will provide the Zoning and Natural Resources Committee with some serious food for thought in their deliberations. Please feel free to call with any questions. Sincerely, Scott J. Zim-rrm. President 3006 Waubesa Av.. • Madison, WI 5371 (608) 221-8423; (608) 221-9702 FAX SJZ Enclosures Copies: Ed Minihan, Town of Dunn Chairman Jerre Ziebelman, Asst. Dane Co. Corp. Counsel David Billing,Ross & Stevens Bill Fleck, Dane County Zoning Administrator •