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the

record is

unclear

as to when,

the

Club

the

B-2

zone

to be

rezoned

to

a

B-1,

also

applied

for

No.

2006AP450

7,

2004.

5

Although

"[t]his IS operation."

NOT a request for a commercial or industrial The conditional use permit was denied on September

That

rezoning

from the

record

"Neighborhood

Business"

district.

also denied,

but it is

unclear

request

was

when it

was

denied.

¶9

On

October

10,

2004,

the

Elkhart

Lake

Police

Department issued citations to six club members the Town of Rhine's Public Nuisance Ordinance.

Wis.,

Municipal

Code

§ 2.01.

On

December

for Town 14,

violating of Rhine,

2004,

a

consolidated trial was held for Lake Municipal Court dismissed

all six defendants. The the ordinance violation

Elkhart due to

insufficient evidence. Town of Rhine appealed

Pursuant to the municipal

Wis. Stat. § 800.14, court's decision to

the the

Sheboygan County Circuit Court. ¶10 On December 19, 2004, Court, the Town of Rhine filed

a

in

Sheboygan County Circuit complaint that alleged two

causes of action.

In the first cause of action,

regarding the

public nuisance violations asked for a de novo review

of of

the the

ordinance,

dismissed

the Town of Rhine

citations.

In

the

second cause of action, regarding the zoning violation, of Rhine asked for a determination of whether the violating the Town of Rhine's zoning code, and the Town

the Town Club was of Rhine

5 Neither the minutes of this meeting nor any other source appears in the record that provides the board's reasoning.

5

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