2010AP2398 Zwiefelhofer v. Town of Cooks Valley
Read More »Tag Archives: Municipalities Digest
Municipalities — preemption
2010AP178 Adams Outdoor Advertising, L.P., v. County of Dane
Read More »Municipalities – zoning — constitutionality
2011AP663 Guse v. City of New Berlin
Read More »Municipalities — intermunicipal boundary agreements
2011AP93 Town of Buchanan v. Village of Kimberly
Read More »Municipalities — certificates of appropriateness
2011AP340 Mohs, et al. v City of Madison, et al.
Read More »Municipalities — public housing
2010AP2305 Guerrero v. City of Kenosha Housing Authority
Read More »2010AP2900 Wisconsin Dolls, LLC, v. Town of Dell Prairie
Municipalities Liquor licenses
Read More »2010AP725 Lady Bug Club LLC v. City of Milwaukee, et al.
Municipalities Liquor licenses; suspension; notice and hearing; sufficiency of the evidence
Read More »2010AP956 Coralic v. City of Milwaukee, et al.
Municipalities liquor licenses; revocation; due process
Read More »2010AP2520 Nelson v. Town of Summit, et al.
Municipalities Zoning variances; appeal
Read More »2010AP2429 Town of Presque Isle v. Iwakiri
Municipalities Boating ordinances; publication; public hearings
Read More »2010AP2532 Lerch v. City of Green Bay
Municipalities Raze orders
Read More »2011AP156 Kasprzak v. City of Waukesha
Municipalities Governmental immunity
Read More »2009AP120 Dawson v. Town of Jackson
Municipalities Public highways; acting together
Read More »2010AP707 Questions, Inc., v. City of Milwaukee
Municipalities Liquor licenses
Read More »2010AP1778 Gage Inc. LLP v. Village of Sister Bay
Municipalities Zoning; conditional use permits
Read More »2010AP561 Village of Hobart v. Brown County
Municipalities Emergency response
Read More »2010AP3058 City of Middleton v. Piernot
Municipalities Noise ordinances
Read More »2010AP2159 Village of Little Chute v. Outagamie County Drainage Board
Municipalities Drainage boards; assessments The Village of Little Chute appeals from a judgment upholding upon certiorari review a reassessment by the Outagamie County Drainage Board for maintenance costs related to the Vandenbroek drainage district. The Village argues the reassessment rates were arbitrary, inequitable and disproportionate to benefits accruing from the project. We affirm. This opinion will not be published. 2010AP2159 ...
Read More »2010AP1631 In re the Return of Property in: State v. Sweetalla
Municipalities Property return Lonnie Sweetalla appeals orders denying his motion for the return of property and the motion for reconsideration that followed. Because Sweetalla had no right to possess firearms at the time he filed his motions, we affirm. This opinion will not be published. 2010AP1631 In re the Return of Property in: State v. Sweetalla Dist I, Milwaukee County, ...
Read More »2009AP1714 Emjay Investment Co. v. Village of Germantown
Municipalities Special assessments; statute of limitations An aggrieved property owner must strictly comply with the 90-day period of appeal in sec. 66.0703(12)(a) or forfeit the right to appeal. “The legislature has explicitly directed that an appeal under Wis. Stat. § 66.0703(12) is the ‘sole remedy’ of a property owner aggrieved by a special assessment levied under § 66.0703: An appeal ...
Read More »2010AP897 Hildebrand v. Town of Menasha
Municipalities Special assessments A recreational trail is not a local improvement for which a municipality may levy special assessments. “The Hildebrands successfully rebutted any presumption of the validity of the assessment and showed that the primary purpose of the trail—to complete the trail system in Winnebago county—confers a general, not local, benefit under the law. Assuming, for the sake of ...
Read More »2009AP3036 North Twin Builders, LLC, v. Town of Phelps
Municipalities Competitive bidding An unsuccessful bidder for a municipal contract is not required to seek injunctive relief before suing to recover the costs for preparing the bid. “Accepting the rule proposed by the Town would foreclose judicial review in a case, like this one, where the municipality violates the competitive bidding statute but quickly signs a contract and directs the ...
Read More »2010AP2167 Village of Menomonee Falls v. Ferguson
Municipalities Sex offender registries; grandfather clauses A registered sex offender who may stay at one residence pursuant to a grandfather clause may not move to another residence within the residency restriction. “[I]f this court were to interpret the Village Ordinance’s grandfather clause to apply to Ferguson as an individual instead of his residence, the purpose of the Village Ordinance would ...
Read More »2008AP3182 Ottman v. Town of Primrose
Municipalities Judicial review Where the language of a municipality’s ordinance appears to be unique and does not parrot a state statute but rather was drafted by the municipality in an effort to address a local concern, courts should defer to the municipality’s interpretation if it is reasonable. “A central consideration in administrative agency cases is whether the agency has been ...
Read More »2010AP1162 Highway J Citizens Group U.A. v. Village of Richfield
Municipalities Annexation; standing Highway J Citizens Group (HJCG) appeals from a judgment dismissing its complaint challenging the annexation of property in the Town of Polk by the Village of Richfield. The circuit court determined that HJCG lacked standing to challenge the annexation. HJCG argues it has standing because the annexation causes its members pecuniary injury and some of its members ...
Read More »2010AP1186 Smerz v. Delafield Town Board
Municipalities Discontinuation of alleys; standing A property owner whose property does not abut a discontinued alley has no standing to challenge the discontinuance. “Even though he does not assert that any of the objectors’ land abuts the discontinued segments, Smerz argues that he nonetheless has standing because of a single sentence in § 66.1003(3): ‘The beginning and ending of an ...
Read More »2010AP2193-FT City of Shawano v. Sense
Municipalities Liquor licenses Darlene Sense was convicted of violating a municipal ordinance that prohibits refusal to permit inspection of premises that are subject to a liquor license. Sense argues she could not be found guilty of the ordinance violation because: (1) she was cited for an action not contemplated by the ordinance; (2) there was insufficient proof she violated the ...
Read More »2010AP1987 Vitrano v. Milwaukee Police Department
Municipalities Notice of claim Thomas Vitrano, pro se, appeals the dismissal of his small claims action against the Milwaukee Police Department for return of property taken during the execution of a search warrant. Because we conclude that Vitrano failed to name a suable defendant and failed to properly file a notice of his claim, we affirm. This opinion will not ...
Read More »2010AP70 Acevedo v. City of Kenosha
Municipalities Zoning; certiorari Certiorari review of a zoning decision must be sought against the zoning board of appeals, not the municipality. “Looking first at the city planning statute, Wis. Stat. § 62.23(7)(e)10. provides: Any person or persons, jointly or severally aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board or bureau of ...
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