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STATE v. WINNEBAGO COUNTY

No. 94-3199.

196 Wis.2d 836 (1995)

540 N.W.2d 6

STATE of Wisconsin, Plaintiff-Appellant, v. WINNEBAGO COUNTY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 13, 1995.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Lorraine C. Stoltzfus, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of John A. Bodnar, corporation counsel.

Before Anderson, P.J., Brown and Nettesheim, JJ.

BROWN, J.

The State of Wisconsin appeals a variance granted by the Winnebago County Board of Adjustment and then affirmed by the trial court. The State primarily contends that shoreland setback requirements cannot result in an unnecessary hardship simply because they prevent the landowners from securing the highest and best use of the parcel. The State alternatively claims that the Board's decision should be overturned...

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