Laserfiche WebLink
March 10, 2012 1 Volume 6 1 No. 5 Zoning Bulletin <br />Validity of Ordinance —Residents, Town Dispute <br />Whether Ordinance is Zoning Ordinance <br />Requiring County Approval <br />Ordinance requires permit for "nonmetallic mining" <br />Citation: Zwiefelhofer v. Town of Cooks Valley, 2012 WI 7, 2012 WL <br />386392 (Wis. 2012) <br />WISCONSIN (02/08/12)—This case addressed the issue of whether a <br />town's "Nonmetallic Mining Ordinance" was a zoning ordinance. <br />The Background/Facts: The Town of Cooks Valley (the "Town") had <br />a Nonmetallic Mining Ordinance (the "Ordinance"). The Ordinance re- <br />quired a permit for the operation of nonmetallic mining. "Nonmetallic <br />mining" was defined as including commercial sand and gravel pits, along <br />with their associated activities. <br />Several residents (the "Residents") of the Town brought a declaratory <br />judgment action against the Town. They asked the court to declare that <br />the Ordinance was invalid. The Residents contended that the Ordinance <br />was a zoning ordinance, which required county approval. They argued <br />that because the Ordinance did not have county approval, it was invalid. <br />For authorization to photocopy, "please contact the Copyright Clearance Center at222 Rosewood -: <br />Drive Danvers, MA 01923 USA'(978) 750-8400 fax (978) 646-8600 or West s Copyright Services at <br />- .610'Opperinan Drive,' Eagan,�MN 55123,.fax (651)_687 7551.;Please:outl ne the speofic material <br />involved,the number of copies you wish to_ distribute and.the purpose or' format of he use. <br />This publication was created to provide you with accurate and authoritative information concerning <br />th'e subject matter covered; however, this publication wasnot necessarily prepared by persons' <br />licensed to practice law in a particular jurisdiction. The publisher is not engaged in rendering legal <br />or -other professional advice and this publication is not a substitute for the advice of an attorney. <br />If you require legal or other expert advice, you should seek the services of a competent attorney <br />or other professional. <br />Zoning Bulletin is published and copyrighted by Thomson Reuters, 610 opperman Drive, P.O. Box <br />64526 St. Paul, MN 55164-0526. For subscription information: call (800) 229-2084, or write West, <br />Credit Order Processing, 620 opperman Drive, PO Box 64833, St. Paul, MN 55164-9753. <br />POSTMASTER: Send address changes to, Zoning Bulletin, 610 opperman Drive, P.O. Box 64526 St. <br />Paul, MN 55164-0526. <br />2 <br />WEST. <br />610 opperman Drive • P.O. Box 64526 • St. Paul, MN 55164-0526 <br />1-800-229-2084 • email: west.customerservice©thomsonreuters.com • west.thomson.com/quinlan <br />ISSN 0514-7905 • © 2012 Thomson Reuters. All Rights Reserved. <br />Quinlan," is a Thomson Reuters brand. <br />© 2012 Thomson Reuters <br />