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1T1 <br /> 7jF5 <br /> �°>,' ►. OFFICE OF THE Corporation Counsel <br /> Cal W. Kornstedt <br /> Yi CORPORATION COUNSEL <br /> March 1, 1994 <br /> Bill Fleck <br /> Zoning Administrator <br /> 116 City-County Building <br /> 210 Martin Luther King, Jr . Blvd . <br /> Madison, Wisconsin 53709 <br /> Dear Bill: <br /> You have asked for an opinion as to whether a Stipulation of <br /> Dismissal between Edwin and Virginia Sanborn and John and <br /> Jennifer Rowley, and a related corporation, prohibits the Rowleys <br /> from expanding their salvage yard . The Stipulation of Dismissal <br /> referred to is dated December 5 , 1984 and was expressly approved <br /> by Dane County Circuit Court Judge P. Charles Jones. <br /> The answer to your inquiry is no, the Stipulation does not <br /> contain language prohibiting the Rowleys from extending their <br /> salvage yard beyond its present boundaries. The Stipulation <br /> does, however , at paragraph 7 specifically condition any <br /> expansion of the Rowleys ' salvage yard upon approval of "the town <br /> board and the county board . " Therefore, absent such board <br /> approval, physical expansion of the salvage yard use would be in <br /> contravention of the Stipulation. <br /> I should point out that the Stipulation is expressly made <br /> enforceable only by the parties thereto or the subsequent owners <br /> of the land involved . Also, presumably, the terms of the <br /> Stipulation can be altered or waived by the parties or their <br /> successors. <br /> Let me know if you have further questions or concerns <br /> regarding this matter . <br /> Yours truly, <br /> n <br /> \f <br /> Rodney . night <br /> Deputy Corporation Counsel <br /> RFK:006a/dss <br /> Room 419, City-County Building, 210 Martin Luther King, Jr. Boulevard, Madison, Wisconsin 53709 608/266-4355 / <br />