2008AP3182 Ottman v. Town of Primrose

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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 has been charged by the legislature with the administration of a state statute.  Id., ¶¶16, 18.  That consideration is inapplicable when reviewing a unique municipal ordinance that was drafted by the municipality rather than the legislature. The framework for reviewing administrative agency decisions, which grew out of the division of authority between the judicial and executive branches of state government and the interpretation of state law, does not fit comfortably with the division of authority between the state judiciary and local government in interpreting local law.”

Affirmed.

2008AP3182 Ottman v. Town of Primrose

Bradley, J.

Attorneys: For Appellant: Varda, John D., Madison; For Respondent: Reynolds, Glenn C., Madison

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