Due Process Violation

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WI Court of Appeals – District IV

Case Name: Adams Outdoor Advertising Limited Partnership v. City of Fitchburg

Case No.: 2016AP2487

Officials: Lundsten, P.J., Sherman and Kloppenburg, JJ.

Focus: Due Process Violation

The City of Fitchburg denied Adams Outdoor Advertising Limited Partnership’s application for a permit to “convert” the eastfacing panel of an existing 300-square-foot paper billboard to a “digital sign” by installing a digital sign face on that panel. Adams filed this certiorari action challenging the City’s determination that the City’s Sign Ordinance prohibited the digital sign and asserting that the City deprived Adams of due process during the administrative proceedings. Adams also moved the circuit court to supplement the certiorari record with discovery related to Adams’ due process claims. The circuit court denied Adams’ motion to supplement the record and affirmed the City’s decision to deny Adams’ digital sign permit application.

On appeal, Adams argues that: (1) the City improperly interpreted and applied its Sign Ordinance to deny Adams’ application for a permit to install a digital sign on its billboard; (2) the circuit court erred in denying Adams’ motion to supplement the certiorari record; and (3) the City deprived Adams of due process during the administrative proceeding. As we explain: (1) Adams fails to convince us that the City’s interpretation of its own ordinance was unreasonable; and (2) we take as admitted by Adams the City’s arguments that the court properly exercised its discretion in denying Adams’ motion to supplement the record and that Adams’ due process claim fails because Adams fails to address those arguments in its reply brief. Accordingly, we affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.