809 N.W.2d 362
Wis.2012Background
- Plaintiffs are Town of Cooks Valley residents who own land and mined nonmetallic minerals in the past.
- They filed a declaratory judgment in Chippewa County Circuit Court to invalidate the Town’s Nonmetallic Mining Ordinance.
- Plaintiffs contend the Ordinance is a zoning ordinance requiring county board approval; if not, county approval is unnecessary.
- Circuit Court granted summary judgment for plaintiffs; Town appealed and the court of appeals certified the case to the Wisconsin Supreme Court.
- Issue presented: whether the Town’s Nonmetallic Mining Ordinance qualifies as a zoning ordinance.
- Court held: Ordinance is a non-zoning police-power regulation and did not require county board approval; judgment reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the Ordinance a zoning ordinance? | Zwiefelhofer argues the Ordinance is zoning and needs county approval. | Village powers allow non-zoning regulation; no county approval needed. | No; Ordinance is non-zoning and does not require county approval. |
Key Cases Cited
- Town of Rhine v. Bizzell, 311 Wis. 2d 1 (2008 WI 76) (affirms zoning/police power distinctions in land use)
- Wood v. City of Madison, 260 Wis.2d 71 (2003 WI 24) (overruled Gordie Boucher Madison on zoning distinction)
- Gordie Boucher Lincoln-Mercury Madison, Inc. v. City of Madison Plan Commission, 178 Wis.2d 74 (1993) (test for when regulation is zoning (overruled))
- Halverson v. City of Madison, 38 Wis.2d 1 (1968) (discusses building setback vs. zoning)
- State ex rel. Saveland Park Holding Corp. v. Wieland, 269 Wis. 262 (1955) (early police power/land use limits)