Manzke v. Jefferson County
Summary: Joshua Pernat and Sara Manzke owned property that had four miniature goats and two geese on it. Sara (plaintiff) applied for a zoning variance and a conditional use permit to accommodate her emotional support animals. Jefferson County and the Town of Ixonia denied her applications. Sara then brought forth claims under the Fair Housing Amendments Act and Wisconsinâs Open Housing Act that she was discriminated against by Jefferson County and the Town of Ixonia. Joshua and Sara also sought a notice of removal of a small claims action brought forth by Jefferson County seeking monetary sanctions for the alleged violations of the zoning variance. Jefferson County argued that the plaintiffâs federal reasonable accommodation claim was not ripe because the County never made a final decision with respect to Saraâs applications for a variance and conditional use permit. When the Town of Ixonia voted to recommend that Jefferson County deny the plaintiffâs variance application, the plaintiff withdrew her applications from consideration. Sara argued that the townâs denial âforetold a denial by the County,â and any further appeal to the County would have been fruitless. The Court did not agree. The County had no obligation to follow the townâs recommendation. The Court dismissed plaintiffâs Fair Housing Amendments Act claim for lack of subject matter jurisdiction and accordingly dismissed plaintiffâs state law claim without prejudice. Since Sara was unable to state a federal claim, the Court also held that Sara and Joshua could not remove the small claim by Jefferson County to federal court.