02-2546 Mills v. Vilas County Board of Adjustments (58650)

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Even assuming that a zoning administrator could issue a “conditional” permit subject to receipt of more information, the grant of a permit was still improper because two other provisions of the zoning statute provide that plaintiff’s certiorari appeal of the initial permit denial stayed any further proceedings regarding that denial [article X, sec. 10.4(B[, and the board’s decision was final [under article X sec. 10.4(D], so that the only appeal was to the circuit court.

“Even if we were to construe the permit denial as conditional, Mills gave up any opportunity to have the administrator revisit his decision by requesting certiorari review.”

Finally, we agree with the trial court’s decision to defer to defendant tribe’s ruling that its proposed purchase of plaintiff’s land required a tribal referendum. Principles of comity do not allow Wisconsin courts to second guess that decision.

“The Tribe’s rationale for requiring the referendum is a result of the council’s interpretation of the constitution. Further, the referendum’s wording and the decision to use trust funds to pay for the island are legislative decisions by the council. Comity requires Wisconsin courts to defer not only to the council’s interpretation of the constitution, but also its budgetary and policy decisions.”

Judgments affirmed.

Recommended for publication in the official reports.

Dist III, Vilas County, Kinney, J., Cane, C.J.

Attorneys:

For Appellant: Gregory B. Conway, Green Bay; Deric P. Duquaine, Green Bay

For Respondent: Carol J. Brown, Madison; Martha J. Milanwoski, Eagle River