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ry0 `4 <br /> dim i '1',, OFFICE OF THE <br /> t,� a; s C`• ORAT �N C UNS <br /> Writer's Direct Line: <br /> 608/266-4355 <br /> September 18, 1985 <br /> Supervisor Judy Rendall <br /> City-County Building <br /> Madison, WI 53709 <br /> Dear Supervisor Rendall: <br /> You ask whether the owner of lands abutting or in the general area of another's <br /> lands, may lawfully file a petition for rezoning of his or her neighbor's lands. In my <br /> opinion, he or she may do so provided that the rezoning sought will in fact affect the <br /> petitioner's interests as well. <br /> The pertinent statutory section is s. 59.97(5)(e)1., Wis. Stats., which provides in <br /> pertinent part as follows: <br /> "1. A petition for amendment of any county zoning ordinance <br /> may be made by any property owner in the area to be affected by <br /> the amendment, . . ." <br /> Although there are no reported decisions interpreting this provision, the language <br /> of the statute is so clear and unambiguous that the conclusion is obvious. The statute <br /> expressly provides that any property owner in the area affected by the amendment can <br /> file a petition for amendment. If the legislature meant that only the owner of the <br /> subject property came under this provision, then the language would have read "of the <br /> area to be affected by the amendment . . ." The rules of statutory construction do not <br /> permit such an interpretation which is contrary to the clear wording of the statute: the <br /> legislature is deemed to have meant what it said and to have deliberately chosen the <br /> words it did. <br /> An interpretation which would allow only the property owner to initiate the <br /> petition for amendment has value only for protecting the property owner's interests. <br /> Yet the statute contains protection for that interest by allowing the statutory protest. <br /> Further, the statutes already erode that interest by allowing other non-owners to file the <br /> petition. Among those who can file such petitions are town boards, county board <br /> members and the county zoning agency. None of these are owners of the subject lands. <br /> Further, allowing the owner of nearby property to file the petition does not <br /> obviate the obligation of town boards and the county board and county zoning agency to <br /> 419 City-County Building, 210 Monona Avenue, Madison, Wisconsin 53709 608/266-4355 <br />