CCR19962080
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COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #208-96
RESOLUTION AS TO PROTEST PETITIONS
BE IT RESOLVED that the Common Council of the City of Muskego has
received the legal opinion of the City Attorney dated September
5, 1996 regarding the "Protest Petitions" submitted to the City
pursuant to proposed Ordinance #904.
BE IT FURTHER RESOLVED that the Common Council has determined
that the documents submitted meet/do not meet the legal
requirements for a protest petition pursuant to Wisconsin
Statutes and the City of Muskego Zoning Orinnances.
DATED THIS DAY OF , 1996.
SPONSORED BY:
Mayor David L. De Angelis
WITHDRAWN AT
COMMON COUNCIL MEETING
9/10/96
This is to certify that this is a true and accurate copy of
Resolution #208-96 which was adopted by the Common Council of the
City of Muskego.
9/96 jmb
Clerk-Treasurer
e
Lev OEriCCS or
ARENZ, MOLTER, MACY & RIFFLE, S.C.
720 N. LA5T AVEHUC
s,o eox 1a-u
WAUKESHA. WISCONSIN 53187-1348
September 5, 1996
FAXED
TOTAL PAGES: 3
Mayor David L. De Arigelis
CITY OF MUSKEG0
Post Office Box 003
Muskego, Wisconsin 53150
Re: Business Park!TXF #8
Dear Mayor De Angelis:
At the Fublic Hearing and Common Council meeting of Ausust 27, 1996,
the Council requested that I render a written legal opinion as to the
legal validity of the protest petitions filed in the above-mentioned
matter.
I have received a tocbl of four separate documents entitled, "Protest
Ordinance #904 which agpeared on the Council agenda of August 27,
Petition", all proteszing the rezoning of lands Fcsuant to proposed
1996. Each of the four petitions purports to be sioned by owners of
land immediately adjacent and extending 100 feet from the area of land
included in the propcsed rezoning and indicates that each of the
owners that signed rka same believes that the petition meecs the legal
requirements €or a protest petition pursuant to Wisconsin Statutes
§62.23(7) (dl (2m) and §>.06(2)G of the City of Muskego Zoning
Ordinances.
Generally speaking, pursuant to State law and the City of Muskego
Zoning Ordinances, in the case of a protest agains: an amendment to a
zoning opdinance, it rust be duly signed and acknowledged
1. Ey the OWRP~S of 20% or more of the area of lank included in
the area to be rezoned; or
2. Ey owners of 20% or more of the areas of land immediately
adjacent to :he area to be rezoned and extending 100 feet
therefrom; cr
thereto extending 100 feet from the street froncage of such
opposite lacd.
3. By owners of 20% or more of the land directly opgosite
Mayor Davx ~i. De ?~?SLL~S I. - .I -2- September 5, i396
.
;.w OP.,CZ, 0,
ARENZ, MOLTER. MACY & RIFFLE, S.C.
If you have 3r.y further qusscis.?~, please feel free to contact me.
Y & RI?'FLZ, s.c