From Casetext: Smarter Legal Research

State ex Rel. Gresholdt v. Board of Appeals

Supreme Court of Wisconsin
Feb 7, 1961
107 N.W.2d 484 (Wis. 1961)

Opinion

January, 11, 1961 —

February 7, 1961.

APPEAL from a judgment of the municipal court of Sheboygan county, upper branch: CLARENCE F. WHIFFEN, Judge. Reversed; writ dismissed.

For the appellant there was a brief and oral argument by M. Werner, city attorney.

No brief or appearance for the respondent.


Certiorari. Relator Garfield D. Gresholdt commenced this action on January 5, 1960, to review the decision of the Zoning Board of Appeals, made December 9, 1959. Judgment was entered on August 5, 1960, reversing the action of the Zoning Board of Appeals, which denied relator a building permit to construct a garage addition to a building located upon a lot owned by him in the city of Sheboygan. The proceeding is under the provisions of the zoning ordinance of the city of Sheboygan. The grounds upon which the permit was denied were that the proposed construction would constitute an extension of a nonconforming use. The writ of certiorari was issued. The Board of Appeals made its return. Additional testimony was taken and upon consideration of the return and the testimony, the municipal court in its judgment reversed the action of the Zoning Board of Appeals and ordered the issuance of the building permit for construction of the garage addition. It is from this judgment the Zoning Board of Appeals of the city of Sheboygan appeals.


The respondent-relator, Garfield D. Gresholdt, on this appeal before this court, did not file a brief or appear when the case was called. The judgment, therefore, is reversed under Supreme Court Rule 32, sec. 251.32, Stats.

By the Court. — Judgment reversed, cause remanded with instructions to enter judgment dismissing the writ.


Summaries of

State ex Rel. Gresholdt v. Board of Appeals

Supreme Court of Wisconsin
Feb 7, 1961
107 N.W.2d 484 (Wis. 1961)
Case details for

State ex Rel. Gresholdt v. Board of Appeals

Case Details

Full title:STATE EX REL. GRESHOLDT, Respondent, v. BOARD OF APPEALS OF CITY OF…

Court:Supreme Court of Wisconsin

Date published: Feb 7, 1961

Citations

107 N.W.2d 484 (Wis. 1961)
107 N.W.2d 484

Citing Cases

State ex Rel. Roth v. Ryan

"When a cause is submitted, or presented by counsel for appellant or plaintiff in error, but not by the…

Fuller v. Fiedler

"When a cause is submitted or presented by counsel for appellant or plaintiff in error, but not by the…