2010AP229 Kruse v. Walworth County Department of Land Use and Resource Management, et al.

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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. The County contends that the circuit court erred in two respects. First, the County contends that the circuit court erred in allowing the Kruses to maintain a declaratory judgment action when they had not exhausted their remedies in the administrative proceedings. The Kruses failed to request certiorari review of the BOA’s decision within the thirty-day time limit. Second, the County argues that the circuit court erred in permitting the declaratory judgment action to proceed based on a constitutional challenge to the ordinance at issue and then failed to address the constitutionality of the ordinance prior to entering judgment. We conclude that the circuit court properly exercised its discretion. Not recommended for publication in the official reports.

2010AP229 Kruse v. Walworth County Department of Land Use and Resource Management, et al.

Dist II, Walworth County, Gibbs, J., Neubauer, P.J.

Attorneys: For Appellant: O’Donnell, Keith, Elkhorn; For Respondent: Hammes, James W., Waukesha; Gutenkunst, Kathryn S., Waukesha

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