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No.

2006AP450

states, "[t]here are no permitted uses in the B-2 District."24 Furthermore, at the January 6, 2004 meeting, Chairman Sager stated that B-2 zones require a conditional use permit "for any

use of the land."

Therefore,

it is clear that a

acquire the Town

a conditional use of Rhine, in order

permit, solely at the to use the property in

landowner must discretion of any way.

¶55

The

Town

of

Rhine

argues,

under

the

code

before

us

today, that conditional uses are permitted uses because once the standards have been satisfied a landowner is "entitled" to the conditional use. We disagree. First, we find authority contrary to the Town of Rhine's position. See, e.g., S. Kemble Fischer Realty Trust v. Board of Appeals of Concord, 402 N.E.2d 100, 103 (Mass. App. 1980) (stating that "[n]o one, of course,

has an absolute

right to

a special

permit");

S. Mark White,

Classifying and

Defining

Uses and

Building

Forms: Land-Use

24 While the ordinance at issue has Wisconsin municipalities seemingly have

been similar

amended, other ordinances in

place.

In

legislation

general,

constitutional

are

considered

moot.

See

challenges

to repealed

Kremens v.

Bartley, 431

U.S.

119,

127-29

(1977).

However,

unlike

state

or

federal

legislation,

municipal

ordinance

sections

like

the

one

at

issue

here may still exist in other municipalities within the At times, we may consider a "moot issue" if it is of

state. "great

to warrant

a

State ex rel

.

public importance or arises frequently enough d e f i n i t i v e d e c i s i o n t o g u i d e t h e c i r c u i t c o u r t s . "

Riesch v.

Schwarz, 2005 WI

11, ¶12, 278

Wis. 2d

24, 692

N.W.2d 219.

Because other

municipalities

utilize

similar

ordinances and the Town of Rhine may easily revert to its previous version, we review and render a decision on the issues

at hand. and, like

If other municipalities have such here, there is no substantial

ordinances in place relation to public

health,

safety,

morals

or

general

welfare,

those

ordinances

could be subject to constitutional challenge.

36

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