Court affirms dismissal of citations issued to Lauderdale Aqua Skiers
Read online
ELKHORN — Walworth County's zoning battle with the Lauderdale Aqua Skiers reached a dead end Thursday in a Wisconsin Appeals Court.
The 2nd District Court of Appeals affirmed a circuit court decision to dismiss several citations issued in 2008 to the ski club and the Lauderdale Lakes Management District
The case goes back to 2006 when a neighbor began complaining about the shows that took place off of land owned by the management district.
By 2008, zoning code enforcement officers issued citations for performing in an area not zoned for the activity, erecting structures too close to the shore and not providing adequate parking.
Midway through the trial, and after listening to testimony from the zoning officers, the court dismissed the citations.
Walworth County appealed, however, arguing that the court had no authority to dismiss the citations on its own, without a motion by the defense.
But the appeals court ruled the county erred by not addressing its concerns by filing a motion to the trial court.
"There is a very simple reason we require a party complaining of error to first seek relief in the trial court—it gives the court and the adversary an opportunity to deal with the claimed error," the court wrote.
Read the full ruling HERE.
Before you post a comment, consider this:
Note: Walworthcountytoday.com does not condone or review every comment. Read more in our User Policy Agreementcall 1-262-728-3424, extension 108
Post Comment
Commenting requires registration.