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Municipalities – Tavern licenses – judicial review

By: WISCONSIN LAW JOURNAL STAFF//August 26, 2014//

Municipalities – Tavern licenses – judicial review

By: WISCONSIN LAW JOURNAL STAFF//August 26, 2014//

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Municipalities – Tavern licenses – judicial review

The City of Milwaukee appeals the judgment and order vacating the decision of the City of Milwaukee Common Council not to renew Robert F. Smith’s Class B tavern license for Mixx Night Club. After the City decided not to renew Smith’s license, the trial court—reviewing the nonrenewal decision de novo, pursuant to Nowell v. City of Wausau, 2012 WI App 100, 344 Wis. 2d 269, 823 N.W.2d 373 (Nowell I), which has since been overturned, see Nowell v. City of Wausau, 2013 WI 88, 351 Wis. 2d 1, 838 N.W.2d 852 (Nowell II)—vacated the City’s decision and instead ordered that the City renew Smith’s license and suspend it for fifteen days. On appeal, the City, arguing that we should review its decision under the four-part certiorari review outlined in Nowell II, contends that its nonrenewal must be affirmed because it meets the four-part Nowell II test. In other words, the City argues that its decision: kept within its jurisdiction; was lawful; was not arbitrary, oppressive, unreasonable or representative of its will rather than its judgment; and was supported by substantial evidence. Smith, on the other hand, argues that because Nowell I was in effect when the trial court reviewed the City’s decision de novo, we should not apply the Nowell II standard of review here, but should instead review and affirm the trial court’s decision rather than the City’s. We agree with the City, and therefore must reverse the trial court and affirm the City’s decision not to renew Smith’s Class B tavern license.

Reversed.

Not recommended for publication in the official reports.

2013AP2599 Smith v. City of Milwaukee

Dist. I, Milwaukee County, Sankovitz, J., Curley, J.

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