Curtis D. Harris, BS, CGREA, REB
Associate Degree in Archicecture, LACCBachelor of Science in Real Estate, CSULA
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Consultant
HUD/FHA Real Estate Appraiser/Reviewer
FannieMae REO ConsultantCTAC LEED-GREEN Certificate The Harris Company, Forensic Appraisers and Real Estate Consultants
*PIRS/Harris Company and the Science of Real Estate-Partners Since 1984*630 North Sepulveda Boulevard, Suite 9A
El Segundo, CA. 90245
310-251-3959 CellWebSite: http://www.harriscompanyrec.com Resume: http://www.harriscompanyrec.com/rESUME2011.pdf Commercial Appraiser Blog: http://commercialappraiser.typepad.com/blog/ IT'S THE LAW-Designation Discrimination is Illegal [FIRREA, Sec. 564.6]: Professional Association Membership: "A State Certified General Appraiser may not be excluded from consideration for an assignment for a federally related transaction by virtue of membership or lack of membership in any particular appraisal organization," including the appraisal institute. http://www.ofi.state.la.us/re-otspart565.pdf CONFIDENTIALITY/PRIVILEGE NOTICE: This transmission and any attachments are intended solely for the addressee. The information contained in this transmission is confidential in nature and protected from further use or disclosure under U.S. Pub. L. 106-102, 113 U.S. Stat. 1338 (1999), and may be subject to consultant/appraiser-client or other legal privilege. Your use or disclosure of this information for any purpose other than that intended by its transmittal is strictly prohibited and may subject you to fines and/or penalties under federal and state law. If you are not the intended recipient of this transmission, please destroy all copies received and confirm destruction to the sender via return transmittal.
From: LAW OF THE LAND [mailto:email@example.com]
Sent: Saturday, 4 February, 2017 10:26 PM
Subject: [New post] WI Appeals Court Finds Processing of Grease and Used Cooking Oil was Not “Waste” Processing Under the Zoning Ordinance
Patricia Salkin posted: "Sanimax operated a recycling plant in the Village of DeForest, and obtains grease and used cooking oil from restaurants’ grease traps in the restaurants’ drains leading to the municipal sewer system. Sanimax does not pay for the grease, but the restaurant"
Respond to this post by replying above this line
New post on LAW OF THE LAND WI Appeals Court Finds Processing of Grease and Used Cooking Oil was Not “Waste” Processing Under the Zoning Ordinanceby Patricia Salkin
Sanimax operated a recycling plant in the Village of DeForest, and obtains grease and used cooking oil from restaurants’ grease traps in the restaurants’ drains leading to the municipal sewer system. Sanimax does not pay for the grease, but the restaurants retain the cooking oil and sell it to Sanimax. Following a fire in 2014, Sanimax sought approval from the Village zoning administrator for reconstruction and expansion of its grease and oil processing operation, but was denied. Sanimax then filed an appeal of the zoning administrator’s denial of approvals with the Village of DeForest Board of Zoning Appeals, which affirmed the zoning administrator’s application of the “waste material ... processing ... as a principal use” language to Sanimax and the administrator’s corresponding denial of approvals sought by Sanimax. Sanimax then sought review in the circuit court, which vacated the Board’s decision and directed the Board to enter an order finding that Sanimax’s grease and oil processing was a permitted use in the M-2 district where Sanimax was located.
In this appeal, Sanimax argued that the plain meaning of “waste material ... processing ... as a principal use” did not cover its processing of grease and used cooking oil. The court analysed whether the words “waste material ... processing ...as a principal use” covered Sanimax’s processing of the grease and cooking oil from restaurants into an ingredient in animal feed. According to the Village, the relevant dictionary definitions of “waste” were “unused,” “unusable,” and “unwanted.” Under this definition, the court agreed with Sanimax’s central point that, like wood pulp and other unprocessed raw materials, the grease and oil here had current value because they were raw materials that could be profitably processed into a salable product. Additionally, the limitation on “waste material ... processing” appeared under the “Utility/Government Related Uses” subheading. Thus, the court held that “waste” in this context referred to the sort of waste that did not interest a private business like Sanimax. The court therefore affirmed the circuit court’s holding in favor of Sanimax.
Sanimax USA, LLC v Village of Deforest Board of Zoning Appeals, 2017 WL 129928 (WI App. 1/12/2017)
Patricia Salkin | February 5, 2017 at 1:18 am | Categories: Current Caselaw, Definitions, Uncategorized | URL: http://wp.me/p64kE-2JE
Comment See all comments Like Unsubscribe to no longer receive posts from LAW OF THE LAND.
Change your email settings at Manage Subscriptions. Trouble clicking? Copy and paste this URL into your browser:
Thanks for flying with WordPress.com