Certiorari Review – Standing

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WI Court of Appeals – District I

Case Name: Hummingbird Storage, LLC, v. City of Milwaukee Board of Zoning Appeals, et al.,

Case No.: 2019AP159

Officials: Brash, P.J., Dugan and Fitzpatrick, JJ.

Focus: Certiorari Review – Standing

Hummingbird Storage, LLC, appeals an order dismissing its action for certiorari review of the decision of the City of Milwaukee’s Board of Zoning Appeals (BOZA) allowing a use variance for a self-service storage facility at 6801 West Morgan Avenue (Morgan Avenue property) in the City. Acquisition B owns the Morgan Avenue property.

Hummingbird argues that the trial court erred as a matter of law by granting BOZA and Acquisition B’s motion to dismiss the action based on Hummingbird’s lack of standing to challenge BOZA’s decision. Hummingbird argues it has standing (1) as an aggrieved person, (2) as a taxpayer, and (3) because the use variance violates the City’s comprehensive plan. Hummingbird also argues that the criteria to establish standing for challengers of use variances should be expanded and that the trial court erred because it should have allowed Hummingbird to present evidence to support its claim of standing. We are not persuaded and, therefore, affirm.

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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.