Citizens for the Preservation of the St. Croix, Inc. v. Riviera Airport, Inc
In Citizens for the Preservation of the St. Croix, Inc. v. Riviera Airport, Inc., No. 97-0501, unpublished slip op. (Wis. Ct. App. July 31, 1997), the Court determined that Riviera's use of the airstrip was not a prior nonconforming use grandfathered into Pierce County's 1972 zoning ordinances. Id. at 3.
The Court concluded, without deciding whether the airstrip was public or semi-public, that even if it was, the use did not comply with the Pierce County zoning ordinances because Riviera did not possess a conditional use permit.
As a result of that decision, Riviera applied for a conditional use permit from the land management committee, the County's zoning committee.
After evidentiary hearings, the committee issued a permit with twelve conditions. Riviera appealed to the board, challenging certain conditions.
After the board refused to hear the appeal, claiming it lacked authority to do so, Riviera appealed to the circuit court.
The Court agreed with the circuit court's ruling that the board was the appropriate body to review the appeal. See Riviera Airport, Inc. v. Pierce County Bd. of Adjustment, 226 Wis. 2d 161, 594 N.W.2d 419, unpublished slip op. (Wis. Ct. App. March 30, 1999)