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."
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.
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
S. Mark White,
24 While the ordinance at issue has Wisconsin municipalities seemingly have
amended, other ordinances in
here may still exist in other municipalities within the At times, we may consider a "moot issue" if it is of
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 . "
Schwarz, 2005 WI
11, ¶12, 278
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
could be subject to constitutional challenge.