Civil Procedure — relation back

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Wisconsin Court of Appeals

Civil

Civil Procedure — relation back

Wisconsin’s notice pleading and relation back statutes apply to special assessment appeals under sec. 66.0703.

“Contrary to the City’s suggestion, we do not read WIS. STAT. § 66.0703(12)(a) and (e) as containing any ‘different procedure’ that would preclude operation of WIS. STAT. §§ 802.02(1) or 802.09(3). Indeed, the parties have not identified, and we have not found, any ‘statute or rule’ undermining application of the notice pleading and relation back provisions to special assessment appeals under § 66.0703. Thus, we hold that those provisions apply. See also Smith, Becker & McCormick Props. v. City of LaCrosse, 2003 WI App 247, ¶15, 268 Wis. 2d 253, 673 N.W.2d 696 (holding that the ninety-day statute of limitation period related to annexations under WIS. STAT. ch. 66 did not preclude operation of the § 802.09(3) relation back provision because there was ‘nothing in [the relevant statute] that either directly or indirectly prescribes a different procedure for amendment of pleadings’); Town of Fitchburg v. City of Madison, 98 Wis. 2d 635, 653-54, 299 N.W.2d 199 (1980) (in determining that joinder was available, noted WIS. STAT. chs. 801 to 847 govern special proceedings where nothing within ch. 66 specifically provides a different procedure). That determination, however, does not save CED’s claim related to the Jackson Street assessment.”

Affirmed.

Recommended for publication in the official reports.

2012AP5 CED Properties, LLC, v. City of Oshkosh

Dist. II, Winnebago County, Gritton, J., Gundrum, J.

Attorneys: For Appellant: Olsen, Erik Samuel, Madison; For Respondent: Carlson, Richard J., Appleton