Rezoning of Property – Constitutionality

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Civil

WI Court of Appeals – District IV

Officials: Kloppenburg, P.J., Lundsten, and Blanchard, JJ.

Rezoning of Property – Constitutionality

2014AP1914 McKee Family I, LLC v. City of Fitchburg

McKee Family I, LLC, challenges a decision of the City of Fitchburg, Wisconsin, to rezone property that McKee owns. McKee argues that Fitchburg was not entitled to rezone this property because, even though McKee had not yet applied for a building permit to develop the property before Fitchburg approved the challenged rezoning, McKee had obtained a vested right in the preexisting zoning classification and therefore the rezoning constitutes a taking. McKee contends that it obtained this vested right by getting as far as it did in the City’s development planning process. The circuit court granted summary judgment to Fitchburg, dismissing McKee’s claims. In addition to the argument based on an asserted vested right at the time of the rezoning, McKee raised additional takings arguments in its summary judgment submissions. As pertinent to the preserved issues that McKee raises on appeal, the court concluded that McKee did not have a vested right in the preexisting zoning classification and that its constitutional claims fail as a result. McKee appeals. For the reasons set forth below, we affirm the judgment of the circuit court.

Affirmed.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.