Time-barred – Certiorari Compliant

By: Derek Hawkins//August 1, 2018//

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WI Court of Appeals – District II

Case Name: Nancy Zelman v. Town of Erin, et al.

Case No.: 2017AP1529

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

Focus: Time-barred – Certiorari Compliant

Nancy Zelman appeals pro se from the circuit court’s grant of summary judgment to the Town of Erin, Plan Commission of the Town of Erin and Town Board of the Town of Erin (collectively “Respondents”). Zelman claims the court erred in granting summary judgment on the bases that the Town is not a proper party and her amended certiorari complaint was not timely filed. We agree the Town is not a proper party and was properly dismissed, but we conclude the amended complaint was timely filed and, therefore, summary judgment was improperly granted in favor of the Plan Commission and Town Board. Thus, we affirm in part, reverse in part, and remand to the circuit court for further proceedings.

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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.

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