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MISWALD v. WAUKESHA COUNTY

No. 95-1642.

202 Wis.2d 401 (1996)

550 N.W.2d 434

David MISWALD and Gail Miswald, Petitioners-Respondents, v. WAUKESHA COUNTY BOARD OF ADJUSTMENT, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided May 1, 1996.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of William J. Domina, assistant corporation counsel.

On behalf of the petitioners-respondents, the cause was submitted on the brief of James W. Hammes, of Cramer, Multhauf & Hammes of Waukesha.

Before Brown, Nettesheim and Snyder, JJ.

NETTESHEIM, J.

The issue on appeal is whether the Waukesha County Board of Adjustment correctly calculated the allowable size of David and Gail Miswald's proposed residence on the shores of Lake Okauchee in the Town of Oconomowoc, Waukesha County, when considering the Miswalds' variance request. The board based its calculation solely on the size of the Miswalds' residential lot, to the exclusion of two other nearby lots which the Miswalds also own. Based on this computation...

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