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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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of the approximately 140 trailers contemplated by the <br />plaintiffs, plan. These facts perhaps would constitute <br />a use of the property at least to the extent of <br />40 trailers. The question is not the quantum of use of <br />the property by the plaintiff but whether the plaintiff <br />had any vested right to such use." Ulrich vs. Saukville, <br />7 Wis. 2d 173, 96 N.W.2d 612 at 615 (1959). <br />Unfortunately, the developer actually rented lots to mobile <br />home owners without first obtaining the required license. Thus, <br />his "use" was not "lawful" when commenced. The court in Ulrich <br />did, however, issue this important holding which we believe <br />controlling in this case: <br />"The fact as to use in this case would be controlled by <br />Schroedel vs. Pagels [supra] were it not for the fact <br />that the claimed use by the appellant of the premises <br />prior to the enactment of the zoning ordinance was <br />unlawful and in violation of the [township] trailer camp <br />[license] regulation ordinance." Id., 96 N.W.2d at 616. <br />In Schroedel, discussed supra, the developer of apartment <br />buildings was protected from a rezoning because he had invested <br />$50,000.00 for surveys and architectural fees in contemplation of <br />the prospective construction of lawful apartment buildings. Under <br />Ulrich, the investment in improvements made to define 40 vacant <br />mobile home pads or sites in contemplation of a plan to install <br />140 pads or sites "would be controlled by" the law protecting such <br />an investment, but only if the use was lawful when the investment <br />was made in the actual or prospective use. Here, the use was <br />lawful. The key holding of Ulrich here applicable is that the law <br />of nonconforming uses will protect the lawful investment in the <br />mobile home pads or sites, whether occupied or not, as <br />distinguished from the mere relocation or replacement of the mobile <br />homes moved in and out of a park. <br />11 <br />
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