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Dane County Agriculture, Environment and <br /> Land Records Committee <br /> October 23 , 1989 <br /> Page 3 <br /> ownership in order that the public might receive a benefit is <br /> exactly what the courts describe as a "taking" . Most recently, the <br /> Wisconsin Supreme Court, in M & I Marshall & Ilsley Bank v. Town of <br /> Somers, decided in November, 1987, stated that "where land is taken <br /> for the public benefit, the taking is compensable. " <br /> There is, however, a compelling reason to deny the petition, a <br /> reason which was only touched upon during the public hearing . <br /> Remember that the petitioner is not the owner of this property. His <br /> position is simply that as a neighbor he is entitled to apply for <br /> and receive a rezoning of this land. Consider for a moment the <br /> possible ramification of such a procedure. Notwithstanding the <br /> statutory and common law of nuisance, condemnation, <br /> shoreland/wetland protection and the like, any property owner in <br /> Dane County would now be welcome to file a petition to rezone the <br /> neighbor ' s land. Many of those petitions, of course, would acquire <br /> all the color and aroma of traditional property line disputes and <br /> "spite fences" . Some, certainly, may serve a useful purpose, but <br /> those few can already be dealt with under the existing laws and <br /> regulations which provide a vehicle for the public regulation of <br /> private land ownership. You should not, and you must not, create <br /> this vehicle for a neighbor ' s regulation of private land ownership. <br /> Thank you for your consideration. <br /> Sincerely yours , <br /> STOLPER, KORITZINSKY, BREWSTER & NEIDER, S.C. <br /> 411111...- W4111Pb <br /> Richard E. Pegg Or/ <br /> REP:mer <br /> cc: Mr . Fleck <br /> Attorney Knickmeier <br /> 177rep <br />