Statutory Interpretation Changes

By: Derek Hawkins//January 15, 2020//

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WI Supreme Court

Case Name: Lamar Central Outdoor, LLC. v. State of Wisconsin Division of Hearings & Appeals

Case No.: 2019 WI 19

Focus: Statutory Interpretation Changes

From time to time an administrative agency changes its interpretation of a statute in a manner that adversely affects a regulated activity. Here, an agency developed a new statutory interpretation that prohibited the owner of a roadside sign from remedying a modification that caused the sign to lose its “legal, nonconforming” status. In this case we address whether Wis. Stat. § 227.10(1)(2015-16) required the agency to promulgate a rule containing the new statutory interpretation before applying it against the sign owner. We conclude that our statutes do require promulgation of a new rule under circumstances presented by this case, and therefore we reverse the decision of court of appeals.

Reversed and remanded

Concur:

Dissent:

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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