Zoning Ordinance

By: WISCONSIN LAW JOURNAL STAFF//June 12, 2023//

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WI Court of Supreme Court

Case Name: Thomas G. Miller v. Zoning Board of Appeals of the Village of Lyndon Station

Case No.: 2021AP001764

Officials: Rebecca Frank Dallet, J.

Focus: Zoning Ordinance

Trustee Jan Miller serves on the Village Board of Lyndon Station. She cast the deciding vote in favor of her daughter and son-in-law’s application to amend the Village’s zoning ordinance to rezone their vacant residential property for commercial development. A local business owner, Thomas Miller (no relation), argues that the vote violated his right to due process because Trustee Miller was partial to her daughter and son-in-law’s rezoning application. The supreme court rejects this argument because there is no due process right to impartial decision-makers when a legislative body like the Village Board enacts, repeals, or amends a generally applicable law like the zoning ordinance.

Affirmed.

Decided 06/06/23

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