§ 4.08(2)(a), the B-2 District, is unconstitutional on its face. Accordingly, the Club has met its burden.
IV. NUISANCE The circuit court concluded that the Town of Rhine's
allegation that its
public nuisance ordinance
was violated was
nuisance. The circuit applying the ordinance's
court did language.
not reach Instead,
its decision by the circuit court
concluded that circuit court,
the violations were for a "public nuisance."
cited to Milwaukee Metropolitan
N.W.2d 658, and stated that a nuisance is a public nuisance "the condition or activity interferes with the public right
the property at
The circuit court then issue was not a public
concluded that place, and the
Club's activities did not affect the nuisance could not be a public nuisance.
Here, the circuit court erred because it did not apply
the definition of Rhine's ordinance.
"public nuisance" as stated in the Town of Instead of applying the ordinance language,
the circuit court applied a common-law definition of "nuisance."
The Town Nuisance,"
of Rhine, Wis., differs from the
nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to (a) Substantially annoy, injure or endanger