Sunday, April 26, 2015

A rural residential area is zoned general business. Can a fellow start a cranberry farm? is there a nuisance law pertaining to who was there...

Question

A rural residential area is zoned general business. Can a fellow start a cranberry farm? is there a nuisance law pertaining to who was there first?



Answer

Zoning in Wisconsin is controlled by the municipality. In cities or villages, they have zoning authority. In towns, the county has the zoning authority. One must review the applicable zoning code in order to determine what are permitted uses. Many times, general business is designed for retail-type operations, but you would need to review the code. A cranberry farm may be a conditional use (permitted with certain conditions).

As for a nuisance, that is a common law tort relating to the unreasonable interference with another's use of his/her property. Who was there first may be relevant to whether the interference is unreasonable.

Attorney James N. Graham of Accession Law LLC http://accessionlaw.com is providing a general answer which does not establish an attorney/client relationship and which is not legal advice. Contact attorney James N. Graham in order to discuss the terms of retainer and the information needed in order to obtain a legal opinion, recommendation, or advice.



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