I. FACTS ¶5 On October 1, 2003, the Manitowoc Area Off Highway Vehicle Club, Inc., (hereinafter "the Club") purchased 77.2 acres of land in section twelve of the Town of Rhine, Sheboygan
zoning classification of this
land has been
this classification, "[t]here are District, except that those uses
no permitted permitted in
uses in the B-2 the Agricultural
with any conditional uses . . . . shall comply with the provisions
All uses are conditional and of Section 4.09 [Conditional
Town of Rhine,
in the include:
of consumer or industrial commodities; offal, industrial waste and dead animal
(2) garbage, rubbish, reduction or disposal;
mining and ore processing;
wood, metals, papers and clothing; and (6) stockyards.
¶6 used the hunting.
After purchasing the property in 2003, club members property for riding all-terrain vehicles (ATVs) and On January 6, 2004, pursuant to a request by the Town
1, 2005, the Town in the B-2 District to initially applied for
of Rhine amended the include off-road vehicle a conditional use permit
application be held while the nuisance ordinance violations.
defendants sought The conditional
to dismiss use permit
allowed ATV activity on Wednesdays and Fridays until 6:00 p.m. but not on weekends or holidays.