City Permit Denial

By: Derek Hawkins//September 18, 2017//

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WI Court of Appeals – District II

Case Name: Hartland Sportsmen’s Club, Inc. v. City of Delafield, et al.

Case No.: 2016AP666

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: City Permit Denial

The City of Delafield, the City of Delafield Common Council, and the City of Delafield Plan Commission (collectively the City) appeal from an order granting the motion of Hartland Sportmen’s Club, Inc. (HSC) to invalidate the City’s revocation of HSC’s conditional use permit (CUP) to operate a sport shooting range and the denial of HSC’s application for a CUP to operate a sport shooting range. We conclude that the review HSC sought of the City’s revocation of its CUP was untimely, and the circuit court should have dismissed it. However, the circuit court correctly invalidated the City’s denial of HSC’s application for a CUP because the denial was arbitrary and capricious.

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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.

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