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An affiliate of Wisconsin Manufacturers & Commerce

Golden Sands Dairy LLC v. Town of Saratoga – Scope of Application of “Business Permit Rule”

This case arises out of a dispute between the Town of Saratoga and Golden Sands Dairy LLC, regarding the dairy’s efforts to develop and operate an “integrated dairy farm” on approximately 6,388 acres of land in the township.

The Supreme Court reviews the issue as presented by Golden Sands: When a permit applicant secures vested rights by filing a valid building permit application for a project (Wisconsin’s “Building Permit Rule”), does the law protect the applicant’s right to both construct buildings and to use the project land in the lawful manner described in the building permit application?

The Supreme Court ruled in favor of Golden Sands, holding that the Building Permit Rule applies to both constructing buildings and use of land.