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Home > Archive by tag 'Municipalities Digest'

Municipalities – zoning — mining (access required)

POSTED: Wednesday, February 8th, 2012 at 11:30 am

BY: WISCONSIN LAW JOURNAL STAFF

2010AP2398 Zwiefelhofer v. Town of Cooks Valley

Municipalities — preemption (access required)

POSTED: Thursday, February 2nd, 2012 at 11:08 am

BY: WISCONSIN LAW JOURNAL STAFF

2010AP178 Adams Outdoor Advertising, L.P., v. County of Dane

Municipalities – zoning — constitutionality (access required)

POSTED: Wednesday, January 18th, 2012 at 11:56 am

BY: WISCONSIN LAW JOURNAL STAFF

2011AP663 Guse v. City of New Berlin

Municipalities — intermunicipal boundary agreements (access required)

POSTED: Tuesday, December 6th, 2011 at 10:06 am

BY: WISCONSIN LAW JOURNAL STAFF

2011AP93 Town of Buchanan v. Village of Kimberly

Municipalities — certificates of appropriateness (access required)

2011AP340 Mohs, et al. v City of Madison, et al.

Municipalities — public housing (access required)

POSTED: Wednesday, September 21st, 2011 at 12:08 pm

BY: WISCONSIN LAW JOURNAL STAFF

2010AP2305 Guerrero v. City of Kenosha Housing Authority

2010AP2900 Wisconsin Dolls, LLC, v. Town of Dell Prairie (access required)

Municipalities
Liquor licenses

2010AP725 Lady Bug Club LLC v. City of Milwaukee, et al. (access required)

Municipalities
Liquor licenses; suspension; notice and hearing; sufficiency of the evidence

2010AP956 Coralic v. City of Milwaukee, et al. (access required)

Municipalities
liquor licenses; revocation; due process

2010AP2520 Nelson v. Town of Summit, et al. (access required)

Municipalities
Zoning variances; appeal

2010AP2429 Town of Presque Isle v. Iwakiri (access required)

Municipalities
Boating ordinances; publication; public hearings

2010AP2532 Lerch v. City of Green Bay (access required)

POSTED: Tuesday, August 2nd, 2011 at 12:56 pm

BY: WISCONSIN LAW JOURNAL STAFF

Municipalities
Raze orders

2011AP156 Kasprzak v. City of Waukesha (access required)

Municipalities
Governmental immunity

2009AP120 Dawson v. Town of Jackson (access required)

Municipalities
Public highways; acting together

2010AP707 Questions, Inc., v. City of Milwaukee (access required)

Municipalities
Liquor licenses

2010AP1778 Gage Inc. LLP v. Village of Sister Bay (access required)

Municipalities
Zoning; conditional use permits

2010AP561 Village of Hobart v. Brown County (access required)

Municipalities
Emergency response

2010AP3058 City of Middleton v. Piernot (access required)

POSTED: Thursday, June 23rd, 2011 at 11:10 am

BY: WISCONSIN LAW JOURNAL STAFF

Municipalities
Noise ordinances

2010AP2159 Village of Little Chute v. Outagamie County Drainage Board (access required)

Municipalities
Drainage boards; assessments
The Village of Little Chute appeals from a judgment upholding upon certiorari review a reassessment by the Outagamie County Drainage Board for maintenance costs related to the Vandenbroek drainage district. The Village argues the reassessment rates were arbitrary, inequitable and disproportionate to benefits accruing from the project. We affirm. This opinion will not [...]

2010AP1631 In re the Return of Property in: State v. Sweetalla (access required)

POSTED: Tuesday, May 17th, 2011 at 1:05 pm

BY: WISCONSIN LAW JOURNAL STAFF

Municipalities
Property return
Lonnie Sweetalla appeals orders denying his motion for the return of property and the motion for reconsideration that followed. Because Sweetalla had no right to possess firearms at the time he filed his motions, we affirm. This opinion will not be published.
2010AP1631 In re the Return of Property in: State v. Sweetalla
Dist I, Milwaukee [...]

2009AP1714 Emjay Investment Co. v. Village of Germantown (access required)

POSTED: Tuesday, May 17th, 2011 at 12:52 pm

BY: WISCONSIN LAW JOURNAL STAFF

Municipalities
Special assessments; statute of limitations
An aggrieved property owner must strictly comply with the 90-day period of appeal in sec. 66.0703(12)(a) or forfeit the right to appeal.
“The legislature has explicitly directed that an appeal under Wis. Stat. § 66.0703(12) is the ‘sole remedy’ of a property owner aggrieved by a special assessment levied under § 66.0703: [...]

2010AP897 Hildebrand v. Town of Menasha (access required)

POSTED: Wednesday, May 11th, 2011 at 11:02 am

BY: WISCONSIN LAW JOURNAL STAFF

Municipalities
Special assessments
A recreational trail is not a local improvement for which a municipality may levy special assessments.
“The Hildebrands successfully rebutted any presumption of the validity of the assessment and showed that the primary purpose of the trail—to complete the trail system in Winnebago county—confers a general, not local, benefit under the law. Assuming, for the [...]

2009AP3036 North Twin Builders, LLC, v. Town of Phelps (access required)

POSTED: Tuesday, May 3rd, 2011 at 1:30 pm

BY: WISCONSIN LAW JOURNAL STAFF

Municipalities
Competitive bidding

An unsuccessful bidder for a municipal contract is not required to seek injunctive relief before suing to recover the costs for preparing the bid.
“Accepting the rule proposed by the Town would foreclose judicial review in a case, like this one, where the municipality violates the competitive bidding statute but quickly signs a contract and [...]

2010AP2167 Village of Menomonee Falls v. Ferguson (access required)

POSTED: Wednesday, April 27th, 2011 at 12:57 pm

BY: WISCONSIN LAW JOURNAL STAFF

Municipalities
Sex offender registries; grandfather clauses
A registered sex offender who may stay at one residence pursuant to a grandfather clause may not move to another residence within the residency restriction.
“[I]f this court were to interpret the Village Ordinance’s grandfather clause to apply to Ferguson as an individual instead of his residence, the purpose of the Village [...]

2008AP3182 Ottman v. Town of Primrose (access required)

POSTED: Tuesday, March 22nd, 2011 at 12:16 pm

BY: WISCONSIN LAW JOURNAL STAFF

Municipalities
Judicial review
Where the language of a municipality’s ordinance appears to be unique and does not parrot a state statute but rather was drafted by the municipality in an effort to address a local concern, courts should defer to the municipality’s interpretation if it is reasonable.
“A central consideration in administrative agency cases is whether the agency [...]

2010AP1162 Highway J Citizens Group U.A. v. Village of Richfield (access required)

POSTED: Wednesday, February 16th, 2011 at 1:07 pm

BY: WISCONSIN LAW JOURNAL STAFF

Municipalities
Annexation; standing
Highway J Citizens Group (HJCG) appeals from a judgment dismissing its complaint challenging the annexation of property in the Town of Polk by the Village of Richfield. The circuit court determined that HJCG lacked standing to challenge the annexation. HJCG argues it has standing because the annexation causes its members pecuniary injury and some [...]

2010AP1186 Smerz v. Delafield Town Board (access required)

POSTED: Wednesday, February 16th, 2011 at 12:56 pm

BY: WISCONSIN LAW JOURNAL STAFF

Municipalities
Discontinuation of alleys; standing
A property owner whose property does not abut a discontinued alley has no standing to challenge the discontinuance.
“Even though he does not assert that any of the objectors’ land abuts the  discontinued segments, Smerz argues that he nonetheless has standing because of  a single sentence in § 66.1003(3): ‘The beginning and ending [...]

2010AP2193-FT City of Shawano v. Sense (access required)

POSTED: Tuesday, February 8th, 2011 at 3:17 pm

BY: WISCONSIN LAW JOURNAL STAFF

Municipalities
Liquor licenses
Darlene Sense was convicted of violating a municipal ordinance that prohibits refusal to permit inspection of premises that are subject to a liquor license. Sense argues she could not be found guilty of the ordinance violation because: (1) she was cited for an action not contemplated by the ordinance; (2) there was insufficient proof [...]

2010AP1987 Vitrano v. Milwaukee Police Department (access required)

POSTED: Tuesday, January 11th, 2011 at 2:50 pm

BY: WISCONSIN LAW JOURNAL STAFF

Municipalities
Notice of claim
Thomas Vitrano, pro se, appeals the dismissal of his small claims action against the Milwaukee Police Department for return of property taken during the execution of a search warrant. Because we conclude that Vitrano failed to name a suable defendant and failed to properly file a notice of his claim, we affirm. This [...]

2010AP70 Acevedo v. City of Kenosha (access required)

POSTED: Wednesday, December 22nd, 2010 at 1:17 pm

BY: WISCONSIN LAW JOURNAL STAFF

Municipalities
Zoning; certiorari

Certiorari review of a zoning decision must be sought against the zoning board of appeals, not the municipality.
“Looking first at the city planning statute, Wis. Stat. § 62.23(7)(e)10. provides: Any person or persons, jointly or severally aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board or [...]

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