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8 / 52

No.

2006AP450

sought an order enjoining the Club from operating ATVs property.

on the

¶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.

to

Milwaukee

Metropolitan

Sewerage

The circuit District

the nuisance the ordinance claim was an court, citing

v.

City

of

Milwaukee,

2005

that

a

nuisance

WI

is

8,

a

277

Wis. 2d 635,

public

nuisance

691

if

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.

The

circuit

court's

decision. 6

Pursuant

Town of to Wis.

Rhine Stat.

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