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.