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 [...]
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 [...]
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 [...]
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 [...]
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, [...]
Municipalities Notice of claim; governmental immunity Frederick Eldred Renneke, pro se, appeals from an order dismissing his complaint against the Florence Utility Commission (the utility). Because Renneke did not file any affidavits to counter those filed by the utility and because the utility’s affidavits show it is entitled to summary judgment, we affirm. This opinion [...]
Municipalities Citations; mandamus Ben Cross takes issue with parking tickets he received from the City of Milwaukee between July and October 2008. He filed a petition for writ of mandamus against the City, the Milwaukee Municipal Court, the Milwaukee Municipal Court Clerk, the Milwaukee City Attorney and the Milwaukee Department of Public Works, seeking an [...]
Municipalities Judicial review; equitable estoppel Tammy Stachowiak appeals an order dismissing her appeal from a ruling by the Shawano County Board of Adjustment. The dispositive issue is whether the County is equitably estopped from asserting that Stachowiak failed to follow the required procedure to seek review. We conclude it is estopped, and we reverse. This [...]
Municipalities Annexation; judicial review In appeal No. 2009AP2181, Green Bay Metropolitan Sewerage District (GBMSD) appeals a circuit court judgment that modified a GBMSD Commission decision annexing the City of De Pere to the District. The Commission decision had incorporated an “Annexation and Consolidation Agreement” between De Pere and GBMSD. The circuit court modified the Commission [...]
Municipalities Declaratory judgment Walworth County Department of Land Use and Resource Management (LURM) and Walworth County Board of Adjustment (BOA) (collectively, the County) appeal from a declaratory judgment entered in favor of Robert W. Kruse, as trustee of the Robert W. Kruse Trust, and Carole L. Kruse, as trustee of the Carole L. Kruse Trust. [...]
