2009AP2572 Bergstrom v. Polk County

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Civil Procedure
Service of process

Where a property owner seeks certiorari review of a county’s issuance of a reclamation permit, but did not serve the county as prescribed in 801.11(4)(a)1, the circuit court lacks jurisdiction.

“In an action against a county, Wis. Stat. ch. 801 requires personal service upon the county board chairperson or county clerk. Wis. Stat. § 801.11(4)(a)1. In an action against a corporation, it requires personal service on the corporation’s officer, director, or managing agent. Wis. Stat. § 801.11(5)(a). Chapter 801 explicitly applies to a certiorari action initiated by the filing of a summons and complaint. Bergstrom has not cited any authority for the proposition that special circumstances can establish personal jurisdiction in a case where service is governed by ch. 801. Thus, we conclude the special circumstances exception does not apply in the context of a certiorari action commenced by the filing of a summons and complaint.”

Reversed.

Recommended for publication in the official reports.

2009AP2572 Bergstrom v. Polk County

Dist. III, Polk County, Rasmussen, J., Peterson, J.

Attorneys: For Appellant: Malone, Malia Theresa, Balsam Lake; Arntsen, Allen A., Madison; Heffernan, Michael S., Madison; For Respondent: Ihrig, Richard M., Minneapolis, MN

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