WI Supreme Court Holds Right to Certiorari Review Over Granting of Variance was Triggered at the Time the Determination Form was Filed in the Office of the Board

This post was authored by Matthew Loescher, Esq.

Gail Moreschi owned residential property in Linn Township next to Suzanne and William Edwards. The Edwards tore down the existing home on their property with plans to rebuild it. Linn Township approved their building plans, the Edwards petitioned the Board for the requisite zoning variance. After the Village of Williams Bay Extraterritorial Zoning Board of Appeals approved Suzanne and William Edwards’ variance request, Gail Moreschi – the Edwards’ neighbor – filed a writ of certiorari. Moreschi filed her writ within 30 days after the Board orally voted to grant the Edwards’ a variance, but before the Board issued and filed a written copy of its decision.

 In this case, Moreschi contended that the triggering event for certiorari review occurred either immediately after the Board orally voted at the May 23, 2017 hearing, or when she received the Board’s draft minutes of that hearing on June 28, 2017. Moreschi claims that Wis. Stat. § 62.23(7)(e)3. and ETZ Ord. § 18.1716(C)(2) support her position because they require the Board to “immediately” file its minutes “showing the vote of each member upon each question.” The Determination Form checks all the requisite boxes for a filing of the decision: it is a tangible document, it states the Board’s decision, it was filed in the Board’s office, and it is a separate document from the Board’s minutes. Therefore, Moreschi’s right to certiorari review was triggered on July 31, 2017, when the Determination Form was filed in the office of the Board. Because Moreschi’s certiorari-review right was not triggered until the Board filed the Determination Form, the court held that there was no merit to her claim that she was denied due process by the inclusion of the Determination Form or the approved minutes in the certiorari record.

As a final matter, the court held that the Board acted under the correct theory of law because its explanation in the Determination Form satisfied the requirements of ETZ Ord. § 18.1716. Accordingly, the decision of the court of appeals was affirmed.

Moreschi v Village of Williams Bay, 2020 WL 7756329 (WI 12/30/2020)