By: WISCONSIN LAW JOURNAL STAFF//August 21, 2012//
By: WISCONSIN LAW JOURNAL STAFF//August 21, 2012//
Municipalities — Liquor licenses — judicial review
Section 125.12(2)(d) requires a circuit court to review a municipality’s decision not to renew a liquor license de novo.
“WISCONSIN STAT. § 125.12(2)(d) plainly establishes a review process that is incompatible with either common law or statutory certiorari review. Paragraph (2)(d) unambiguously states that on review the court must use the same procedures as in civil actions. However, ‘[t]he practice[s] applicable to ordinary civil actions [are] not applicable to either common-law or statutory writs of certiorari.’ State ex rel. Casper v. Board of Trustees, 30 Wis. 2d 170, 176, 140 N.W.2d 301 (1966). Further, certiorari statutes usually include some provision specifying the manner in which return of the inferior tribunal’s record is to be made. See, e.g., WIS. STAT. §§ 59.694(10); 62.23(7)(e)10.; 88.09. No such provisions are found in § 125.12(2)(d). We therefore conclude that paragraph (2)(d) requires a circuit court to independently determine whether a licensee is entitled to renewal.”
Reversed and Remanded.
Recommended for publication in the official reports.
2011AP1045 Nowell v. City of Wausau
Dist. III, Marathon County, Grau, J., Mangerson, J.