concluded that Town of Rhine, Wis., Municipal Code § 4.08(2)(a),
unconstitutional and that the violations should be dismissed. two issues to this court.
defendants' nuisance ordinance The court of appeals certified
¶2 The first issue
Municipal Code § 4.08(2)(a)
is unconstitutional on its face.
unreasonable in that it precludes any use as of right in the B-2 District and such limitation bears no substantial relation to the public health, safety, morals or general welfare.
The second issue is whether the circuit court properly
conclude that of "nuisance"
the circuit court applied a rather than the definition
common-law definition of "public nuisance"
articulated in Town of Rhine, Wis., result, we remand to the circuit definition of "public nuisance."
¶4 Therefore, we affirm in remand to the circuit court for nuisance claim.
part, reverse new hearing
2 Town of Rhine, Wis., Municipal Code § 4.08(2)(a) reads in part, "[t]here are no permitted uses in the B-2 District, except that those uses permitted in the Agricultural Land Districts A-
1, A-2 and conditional
uses . .
All uses are
comply with the provisions of Section 4.09 of this ordinance."