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f Members of the County Board May 1, 1984 Page 2 The manner in which the petition was handled by the Town Board demonstrates the misinformation and irregular procedure which have accompanied it. The Town Board originally voted to recommend approval. it did so, contrary to its standard practice, without notifying affected neighbors and permitting them to be heard. The Town Board acted in this manner because it was informed, inaccurately, that the zoning change was mandated by a court order issued by Judge Byrne in a divorce case involving the petitioner. The members were misled. The court order does not require the rezoning. After the Town Board discovered that there was a question as to the effect of the order, it withdrew its recommendation. It decided to determine, through county officials, the meaning of Judge Byrne' s order. It also agreed to have a hearing on the matter before acting. For some reason, before the Town Board could assemble the information and hold its hearing, the Agriculture, Environ- ment and Zoning Committee acted on the petition. The Court Order Supporters of the petition have repeatedly stated that Judge Byrne has mandated the rezoning. This is untrue. Judge Byrne, himself, has written to Norbert Scribner, stating that he did not intend to circumvent the county's land division and zoning ordinances. A copy of that letter is attached. The facts about the order are as follows. Shirley and Milfred Thompson entered into a Stipulation on December 9, 1983 in their divorce action. With respect to the land in question, the Stipulation stated that Shirley Thompson would be awarded: "Parcel A on Schedule 1, approximately 3 acres of land located next to Dane County Highway E in the Southwest corner of the Thompson Farm located South of Highway 18-151. "Parcel B on Schedule 1, approximately 5 acres of wooded land located at the south end of that part of the Thompson Farm which is South of Highway 18-151. "