Property – driveway permits

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Wisconsin Court of Appeals

Civil

Property – driveway permits

The Department of Transportation has authority to revoke a driveway permit.

“We agree with the Division’s, and the trial court’s, interpretation of these statutes. Contrary to what J&E argues, WIS. STAT. § 86.073 does plainly allow the DOT to revoke a permit issued under WIS. STAT. § 86.07(2). See § 86.073(1)-(3). Under the statute, if the DOT confirms a district office’s decision to revoke a permit, the DOT must ‘notify the applicant of a right to hearing before the division of hearings and appeals.’ § 86.073(3). This language, while not explicit, very clearly implies a right to revoke driveway permits. Indeed, if the DOT could not revoke a driveway permit, there would be no need to notify the permit holder of administrative review of the decision, and the language of the statute would be superfluous. Thus, the only reasonable reading of the relevant statutes is that they allow the DOT to revoke a driveway permit. See MercyCare, 328 Wis. 2d 110, ¶30; State ex rel. Kalal v. Circuit Court for Dane Cnty., 2004 WI 58, ¶46, 271 Wis. 2d 633, 681 N.W.2d 110 (we read statutes to avoid absurd results). Therefore, we conclude that the DOT did have statutory authority to revoke J&E’s driveway permit, and the Division did have statutory authority to uphold the DOT’s revocation.

Affirmed.

Recommended for publication in the official reports.

2012AP2081 J&E Investments LLC v. DHA

Dist. I, Milwaukee County, Wasielewski, J., Curley, J.

Attorneys: For Appellant: Marcuvitz, Alan, Milwaukee; Roschke, Andrea H., Milwaukee; For Respondent: Beachy, Sara K., Madison