CCR1991085COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #85-91
AUTHORIZE EXECUTION OF STIPULATION AND ORDER
(City of Muskego vs. Loebel)
WHEREAS, the City of Muskego has instituted, by citation and
complaint filed in the Municipal Court, an action relating to
alleged zoning violations to the zoning code of the City of
Muskego, and
WHEREAS, the parties of the above action have agreed upon terms
for entry of an order dismissing the action.
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby authorize the Mayor to sign the attached
Loebel.
Stipulation and Order, Case No. 90 CV 2252, Gerald and Sandra
DATED THIS 23RD DAY APRIL , 1991.
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
ATTEST :
City Clerk
4/91cac
0 STATE OF WISCONSIN CIRCUIT COURT WAUKESHA COUNTY
GERALD AND SANDRA LOEEEL,
Plaintiffs,
vs .
CITY OF MUSKEGO,
a municipal corporation,
De4endant.
Case No. 90 CV 2252
STIPULATION nm ORDER
WHEREAS, the Plaintiffs in the above-captioned action have
filed herein a claim for: relief based upon alleged loss incurred
due to a partial or ccmp.Lete loss of the use of their property for
the operation of a custoa: marble processing business, together with
expenses relating to the potential relocation of said business to
other properties for continuance of said business, and 0
WHEREAS, the City of Muskego has instituted, by citation and
complaint filed In the Municipal Court for the City of Muskego, an
action relating to alleged zoning violations pertalnlng to the
operation of said business cantrary to the zoning code of the City
of Muskego, Complaint No. OOOL82, and
WHEREAS, the parties to the above-captioned action have agreed
upon terms for entry of an order dismissing the action herein.
NOW, THERSFORE, XT IS HEREBY STIPULATED AND AGREED by and
between the parties to the above-captioned action together with
their counsel that said action may be dismissed, upon its merits,
without costs to any party upon the following terms and conditions:
1. The Plaictlffs shall be permitted to operate the custom
marble processicg buscncss upon their properry located at W181
S9134 Parker Drive in the City of Muskego, County Of Naukesha,
State of Wisconsin, until. four years fallowing che date the Cammon
Council Of the City of Muskego approves this stipulation by
resolution. This date shall be deemed the "termination date".
2. That no busineas activity whatsoever shall occur outside
Of the existing structures on said property, excepting existing
external uses relating to pickup, delivery, and vehicle parking
(inoluding two business vehicle8 and a fork lift); and outdoor
Storage in those areas stst forth In Exhibit "A" attached hereto and
Incorporated by referenc:e.
3. That during the term of the operation of said business at
said location, the PlainZiffs shell employ no more than 7 full-time
employees or the equivalent thereof in full-time and/or part-time
employees.
4. That on and before the termination date, the City of
Muskego shall not seek to enforce its zoning code as against the
Plaintiffs with regard to the operation of the business, so long as
the business is operated in strict compliance with the provisions
of this Stipulation. The City shall not otherwise interfere with
the operation of the Loehel's business operation and shall confirm
with any third party who inquires or complains about the Loebel
business that it is a legal operation to the extent the business
operates within the term and conditions of this agreement.
5. That no later t:han the ternination date, the use of the
property for any purpose other than that pernitted under the zoning
code of the City of Muskego shall be terminated. In the event that
such use is not terminated, the City of Muskego may enforce its
zoning code by any means available under the laws of the State of
Wisconsin, including but not limited to contempt proceedings.
6. The City of Muskego shall enter into a stipulation in e Complaint No. 000182 pending before the Municipal Court of the City
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Y
of MUEkBQO, Wsukeaha County, Wisconsin, In the form attached heroto
and incorporated herein by reference, which stipulation provides
for the citation end complaint herein referenced to be held open
until the termination date to be dismissed in the event the
Plaintiffs comply with the provisions of this stipulation as it
would relate to terminsting the business use of said property.
Further, in the event Plaintiffs comply with the provisions of this
stipulation, the City of Muskego, under said stipulation, shall
waive any fine or forfeiture alleged to be due under the
allegations contained in Complaint No. 000182 pending before the
Municipal Court of the C:ity of Muskego.
7. That the City of Muskego shall not interfere with the
business operation of the Plaintiffs during the foregoing term.
The City shall affirmatively act to uphold the Plaintiffs right to
continue their business operation as set forth above in the event
that the City receives arly complaints or objections from neighbors. 8
Dated this da,y of , 1991.
SANDRA LOEBEL
Hudec Law Offices,
Attorneys for Plaintiffs
WAYNE G. SALENTINE, Mayor
Arenz, Molter, Macy 6 Riffle,
S.C., Attorneys for Defendant
By : By : PATRICK J. HUDEC H. STANLEY RIFFLE
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