sought an order enjoining the Club from operating ATVs property.
¶11 On January 13,
August 29, 2005, a trial 2006, the circuit court
to the issued
court was a written
held. On decision.
In that decision, the circuit court characterized as follows: (1) whether the Town of Rhine restriction was constitutional; and (2) whether of the property constituted a public nuisance.
the B-2 the
two issues zone use Club's use
¶12 The circuit which bars all uses further stated that within a district Accordingly, the zoning ordinance concluded "that a court within a "a zoning district ordinance is unreasonable." which permits no It uses is confiscatory circuit court in nature concluded oppressive." the zoning and that
ordinance was unconstitutional. With respect to claim, the circuit court determined that although related to a public nuisance, the Town of Rhine's
attempt to abate a private nuisance.
The circuit District
the nuisance the ordinance claim was an court, citing
Wis. 2d 635,
the N.W.2d 658, " condition stated or
activity space." not be a
interferes with the public right or use of public The circuit court determined that the nuisance could public nuisance because the property at issue was not a
public place, and entire community.
the Club's As a result,
activities did not affect the it concluded that the Town of
Rhine lacked appealed the
standing to advance the claim.
Town of to Wis.