Posted by: Patricia Salkin | August 30, 2017

WI Appeals Court Holds Denial of Application for a Conditional Use Permit Because the Denial was Arbitrary and Capricious

The City of Delafield, the City of Delafield Common Council and the City of Delafield Plan Commission appealed from an order granting the motion of Hartland Sportmen’s Club, Inc. (HSC) to invalidate the City’s revocation of HSC’s conditional use permit (CUP) to operate a sport shooting range and the denial of HSC’s application for a CUP to operate a sport shooting range.

On appeal, the City contended that its denial of the CUP application was supported by the record. Specifically, the City claimed that it “did not feel the plan was adequate to protect the safety of its citizens or the immediate neighborhood.” The City further alleged that it worked extensively with HSC, but HSC’s plan did not address the City’s safety concerns. However, the court noted that while the City’s denial was based on safety concerns, it never articulated what exactly in HSC’s application it found did not satisfy its concerns. The court found that the City instead imposed ever-changing standards, issued new demands when the previous demands were met, and failed to make any findings of fact other than general denials. Accordingly, the court held the City’s denial was arbitrary and capricious.

Hartland Sportsmen’s Club, Inc. v City of Delafield, 2017 WL 3741466 (WI App. 8/30/2017)

 


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