Motion to dismiss lawsuit over garage denied by judge

Ozaukee County Circuit Court Judge Steve Cain last week denied a motion to dismiss a long-running lawsuit against a Sauk County man who Town of Saukville officials say illegally built an apartment over his garage.

Reed and Jeanne Horton’s lawyer, Ron Stadler, argued that the town’s ordinances were unenforceable mainly due to vague language over what constitutes a dwelling unit or an attached building.

Cain disagreed, however, saying in an oral ruling the apartment was obviously a dwelling unit but leaving open the issue of whether it was a second dwelling unit, which is not permitted.

Cain scheduled a resumption of the trial for May 19, when Stadler is expected to launch the Hortons’ defense and Town Attorney Sara MacCarthy will offer rebuttal witnesses.

The town sued the Hortons after they built a two-bedroom apartment with kitchen facilities above 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 in September 2015 showed they proposed putting a single “bonus” room and a bathroom in the upper story of the garage.

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.

The Hortons, who live in Spring Green in Sauk County, want to create a family retreat on the property.