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No.

2006AP450

the comfort, health, repose or safety of the public; (b) In any way render the public insecure in life or

in the use of property; morals or decency; (d) interfere with, obstruct

(c) Greatly offend the public Unlawfully and substantially or tend to obstruct or render

dangerous for passage any street, alley, highway, navigable body of water or other public way or the use

of public property.

¶68

Accordingly,

we

reverse

and

remand

to

the

circuit

court for a new hearing on the nuisance action wherein the court will decide the issues based upon the Town of Rhine, Wis., Municipal Code.

V. CONCLUSION ¶69 We conclude that the Town of Rhine, Wis., Municipal Code § 4.08(2)(a), the B-2 District, is unconstitutional on its

face because it is arbitrary precludes any use as of right limitation bears no substantial

and unreasonable in that it in the B-2 District and such relation to the public health,

safety, circuit rather

morals or general welfare. We court applied a common-law than the definition of "public

further conclude that the definition of "nuisance" nuisance" articulated in

Wis.,

Municipal Code

circuit

court for a

Town of Rhine, remand to the nuisance claim.

a

result, we

on

the public

§ 2.02.

As

new

hearing

By the Court.—The order of the circuit court is affirmed in part, reversed in part, and cause remanded to the circuit court.

45

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