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DCPVAR-0000-02812
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DCPVAR-0000-02812
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Last modified
3/21/2023 10:58:24 AM
Creation date
3/10/2017 8:38:17 AM
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Zoning Permits
Permit_Number
02812
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be unconstitutional and invalid with respect to <br />plaintiff's vested interest in his trailer and the right <br />to continue to use the same on his own land for dwelling <br />house purposes." Des Jardin vs. Greenfield, 262 Wis. 43, <br />53 N.W.2d 784 at 786 (1952). <br />"Zoning regulations cannot be made retroactive and <br />neither can prior nonconforming uses be removed nor <br />existing conditions be affected thereby." Id., quoting <br />from McQuillan on Municipal Corporations (3rd Ed.) at <br />§25.181. <br />SAME RULES THAT PROTECT INVESTMENTS <br />IN SINGLE FAMILY HOMES OR COMMERCIAL ENTERPRISES <br />SHOULD PROTECT PARK OWNER AND ITS TENANTS <br />The same law which now protects an apartment owner's <br />investment in a nonconforming multi -family building also protects <br />the park owner's investment in Madison Mobile Home Park and the <br />150 families who invested their own scarce dollars to buy and <br />improve their own mobile homes on the lots they rent from the park <br />owner. <br />"Zoning ordinances cannot be applied retroactively where <br />vested or substantial rights are involved." County of <br />Sauk vs. Trager, 113 Wis. 2d 48, 334 N.W.2d 272 at 276 <br />(Wis. App. 1983); affirmed, 118 Wis. 2d 204, <br />346 N.W.2d 756 (1984). <br />"The same principles of constitutionality apply to <br />trailer [mobile home] ordinances that apply to zoning <br />ordinances." Town of Yorkville vs. Font, 3 Wis. 2d 371, <br />88 N.W.2d 319 at 321 (1958) ; see also Des Jardin vs. Town <br />of Greenfield, 262 Wis. 43, 53 N.W.2d 784 (1952). <br />In Trager a property owner in 1960 had expended $562.44 for <br />the construction of a concrete foundation for a garage. No further <br />work was done until 1978, when the property owner commenced <br />building a wooden structure on the foundation. After the <br />foundation was constructed but before the wooden structure was <br />built, the municipality imposed in a 63 foot setback requirement <br />9 <br />
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