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K <br /> BEFORE THE <br /> STATE OF WISCONSIN BOARD OF ADJUSTMENT DANE COUNTY <br /> In the Matter of Appeal No. 856 <br /> by CAP MEMORANDUM DECISION <br /> This Appeal involves a question of interpretation of the Dane County <br /> Zoning Ordinances, namely, whether prisons may be operated in the A-1 <br /> Exclusive Agricultural District. In addition, several secondary issues are <br /> raised by this Appeal . <br /> In a preliminary motion, the Attorney for the State of Wisconsin requested <br /> that the Chairman of this Board excuse himself from any further participation <br /> in the hearing on the grounds that the Chairman had appeared before the Dane <br /> County Zoning Committee in opposition to the grant of a conditional use permit <br /> which if granted would allow the State of Wisconsin to operate a prison in the <br /> Town of Albion. While the question of operating that prison is also at stake <br /> here, we believe that the issues are sufficiently different that the Chairman <br /> need not excuse himself. The issue before the Zoning Committee was whether or <br /> not a conditional use should be granted to the State to allow the operation of <br /> a prison. The issue before this Board is whether the Zoning Ordinance allows <br /> the operation of prisons as a conditional use on any lands zoned A-1 Exclusive <br /> Agricultural . In addition to the difference in issues between these two bodies , <br /> the Chairman of this Board indicated that his appearance before the Zoning <br /> Committee was not a personal one but rather as the result of a direction from <br /> the Dane County Towns Association of which the Chairman of this Board is Executive <br /> (11,14 Secretary. In addition, the Chairman has indicated that he believes he is unbiased <br /> in this matter. <br /> The Attorney for the State of Wisconsin also requested this Board to dismiss <br /> this Appeal on the grounds that, (1) CAP is not an aggrieved person, (2) that there <br /> has been no decision or order by the Zoning Administrator which is subject to <br /> review by this Board, (3) that the Zoning Committee has exclusive jurisdiction to <br /> determine whether a correctional institution is permitted in an A-1 Exclusive <br /> Agricultural District as a conditional use, and (4) that Attorney Cherry is not <br /> licensed to practice law in the State of Wisconsin. <br /> On the first ground asserted (that CAP is not an aggrieved person) we note <br /> that CAP is an Association of persons who are opposed to the conversion of St. <br /> Joseph 's Seminary to a prison and that various members of this Association have <br />