Judge asks lawyers for written arguments in garage spat

A trial to settle a dispute between the Town of Saukville and a couple who built an apartment over their garage was adjourned Thursday, Jan. 30, after the homeowners’ attorney argued that the case against his client should be dismissed.

“The ordinance the town seeks to enforce is so poorly written it cannot be enforced,” attorney Ron Stadler, representing Reed and Jeanne Horton, told Ozaukee County Circuit Court Judge Steve Cain.

The town sued the Hortons after they built a two-bedroom apartment with kitchen facilities over a garage they constructed at 3150 Highview Rd., saying the apartment violated town zoning codes that prohibit second dwelling units on agriculturally zoned properties.

The Hortons’ original application showed they were putting a single “bonus” room and a bathroom in the upper story of the garage.

The Hortons said the bonus room would be a work space for Jeanne.

When the apartment was discovered by a building inspector, they were ordered to tear out the improvements. 

A mediation agreement reached a year ago that would have allowed the Hortons to keep some of the improvements intact fell through when they failed to pay $17,500 in fines.

“They misrepresented what they were going to build,” Town Attorney Sara MacCarthy told Cain. “They are in blatant violation of the zoning code. What is a government agency supposed to do when they have made representations that aren’t correct?”

Stadler, however, called the town’s codes “convoluted” and “nonsensical.”

“The town authorized the building, they just didn’t like what’s going inside,” he said. “The town can’t enforce what they want the ordinance to say; they have to enforce what it actually says.”

Stadler questioned town officials in court on the meanings of words such as “permanent,” “complete kitchen facilities,” “attached,” and references to families and “lodgers” living together in the unit.

“The town cannot show this is a dwelling unit,” Stadler said.

The case dates back to September 2015, when the Hortons first applied for a building permit. The couple, who live in Spring Green in Sauk County, have sought to create a family retreat on the property.

Cain asked MacCarthy and Stadler to submit written arguments on whether to dismiss, saying he will rule by the end of March. 

If he rules against dismissal, the trial will continue, likely with Reed Horton testifying.