(DOWNLOAD) "Cushman and Others v. City Racine and" by Supreme Court of Wisconsin " Book PDF Kindle ePub Free
eBook details
- Title: Cushman and Others v. City Racine and
- Author : Supreme Court of Wisconsin
- Release Date : January 04, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is a declaratory judgment action brought by certain property owners in the city of Racine to seek the determination that
a particular zoning ordinance of that city is unconstitutional and void. The ordinance in question rezoned a single parcel
of land, 74 feet by 125 feet, on the southeast corner of Northwestern and Wustum avenues from a classification restricting
land use to single-family dwellings to one permitting use for various types of retail shops such as a delicatessen, drugstore,
beauty parlor, and photograph shop and also for professional and utility company offices. The property is owned by Dr. John
A. Rudan and Dr. Donald E. Lenz, who intend to construct a dental clinic on it. Only Dr. Rudan has been named defendant with
the city of Racine. The plaintiffs are property owners who own homes or lots abutting on Northwestern avenue in close proximity
to the subject parcel. According to a November, 1965, zoning district map, the area surrounding the subject parcel is zoned for single-family residences.
The general area bounded by Northwestern avenue, Rapids drive, High and Mount Pleasant streets (which includes the subject
parcel) is devoted almost exclusively to residential uses. However, the area does include a fire station, electrical utility
substation, both of which are permissible uses within a single family residence district, public schools and a church. Directly
west and across Northwestern avenue from the subject parcel is located the Racine Country Club, which maintains a swimming
pool, caddie house, pro shop, and parking lot along that street. Also on the westerly side of Northwestern avenue, some of
the frontage is occupied by the Boy Scout administration building, the Curative Workshop, the Kurten Medical Clinic, and the
Wustum Art Museum. The most distant of these, the Boy Scout building, is approximately 0.4 miles away from the parcel in question.
All of these are located within the same single-family dwelling zone. The art museum is a permitted use within a single family
residence zone. Racine Ordinances, sec. 16.06 (1) (a) (2). The golf course and its appurtenances constitute a nonconforming
use, and the others are either nonconforming uses or special exceptions permitted under sec. 62.23 (7) (e), Stats.
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