Court Error – Certiorari Review – Standing to Sue

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WI Court of Appeals – District I

Case Name: Friends of the Black River Forest, et al., v. Wisconsin Department of Natural Resources, et al.,

Case No.: 2019AP299; 2019AP534

Officials: Blanchard, Dugan and Donald, JJ.

Focus: Court Error – Certiorari Review – Standing to Sue

Friends of the Black River Forest and Claudia Bricks (collectively referred to herein as the Friends) appeal the dismissals of their challenges to a land exchange that took place between Kohler Company (Kohler) and the Wisconsin Department of Natural Resources (the Department).

On appeal, the Friends argue that the Sheboygan County Circuit Court erred in dismissing their WIS. STAT. ch. 227 (2017-18) petition for judicial review for lack of standing and that the Dane County Circuit Court erred in dismissing their common law certiorari complaint under WIS. STAT. § 802.06(2)(a)10.

We conclude that the Friends have alleged an injury in their Amended Petition sufficient to meet the standing requirements of WIS. STAT. § 227.52 and WIS. STAT. § 227.53. We, therefore, reverse the decision of the Sheboygan County Circuit Court and remand for proceedings consistent with this opinion. We also conclude that the Dane County Circuit Court erred when it dismissed the common law certiorari complaint pursuant to WIS. STAT. § 802.06(2)(a)10., and, therefore, we reverse that decision of the Dane County Circuit Court and remand for proceedings consistent with this opinion.

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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.