Court Error – Zoning Authority

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WI Court of Appeals – District II

Case Name: Lagoon Lane, LLC v. Paul Rice, et al.

Case No.: 2016AP2118

Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.

Focus: Court Error – Zoning Authority

Lagoon Lane, LLC owns shoreland property in the Town of West Bend in Washington County that it sought to divide into several lots. The Town, however, denied Lagoon Lane’s certified survey map (CSM) seeking subdivision on the grounds that it failed to comply with the Town’s setback, minimum lot size, and frontage requirements. This case comes to us following certiorari review in the circuit court. The question presented is whether the Town may enforce these ordinances and deny the CSM on these grounds. We conclude that the Town was without this authority.

While towns generally possess the authority to enact zoning regulations, the legislature has removed shoreland zoning authority for towns through the enactment of WIS. STAT. §§ 281.31 and 59.692 (2015-16).  We conclude this means that the legislature has withdrawn all exercises of shoreland zoning authority that do not fall within the limited exception in § 59.692(2)(b)— including zoning power that overlaps with subdivision authority. The Town’s setback and minimum lot size requirements are admittedly zoning enactments, and thus have plainly been removed of their efficacy in shoreland areas. The Town’s frontage requirement was enacted under both its zoning and subdivision ordinances. Because the frontage requirement falls within the zoning power, we hold that it is without effect. Therefore, the Town erred by denying the CSM, and we affirm the circuit court’s order so holding.

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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.