Published: December 5, 2011
Author: Peter Conrad

Issue: Whether Wis. Stat. § 30.27 applies to combined lots that came into common ownership after the effective date of the ordinance.

Murr owned two parcels of land along the St. Croix River. One parcel was vacant, one had a cabin. Due to flooding, Murr wanted to remove and relocate the cabin to higher ground. To construct the cabin in the proposed location, she needed a total of eight variances. She applied to the Board of Adjustment (BOA) for the variances. The BOA denied all her requests.

Murr appealed the decision to the circuit court. The circuit court affirmed the BOA denial of Murr’s request to sell or use the two lots as separate building sites, but reversed the BOA decision on the other seven variance requests.

Murr appealed, and the county cross‑appealed. On the issue of whether Murr could sell or use the two lots as separate building sites, she argued that under the plain language of the statute, the merger provision only applies to substandard lots under common ownership prior to the effective date of the ordinance. After analyzing the language of the ordinance, and the purpose of Wis. Admin. Code § NR 118.08, the Court of Appeals upheld the circuit court decision holding that the administrative code and ordinance effectuated thereunder applies to any lots under common ownership.

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