WI Appeals Court Finds Municipal Record was Insufficient to Enable Certiorari Review

This post was authored by Matthew Loescher, Esq.

In this case, the Town of Brigham, the Iowa County Board of Supervisors, and the Iowa County Planning and Zoning Committee appealed a circuit court judgment declaring that BARD Materials was entitled to a requested rezoning of its property as a matter of law. The Town and County contended that BARD’s complaint failed to state a claim because, under Voters with Facts, certiorari was the exclusive remedy for review of a rezoning decision. Voters with Facts v. City of Eau Claire, 2018 WI 63, ¶25, 382 Wis. 2d 1, 913 N.W.2d 131, The Voters with Facts court noted “the longstanding policy that declaratory relief is disfavored if there is a speedy, effective and adequate alternative remedy.” That court further stated that “it is well established in this state that where there are no statutory provisions for judicial review, the action of a board or commission may be reviewed by way of certiorari.” Here, BARD did not dispute that its challenge to the rezoning decision arises under WIS. STAT. § 59.69(14) and that the statute did not provide the method of judicial review. Accordingly, the court held that, following Voters with Facts, the exclusive method of review in this case was by certiorari.

Here, the court found that BARD’s claims – that the County Board erred by denying its rezoning application and that it was entitled to the rezoning as a matter of law – fit within the scope of certiorari review, and BARD’s complaint could be construed as requesting certiorari review of the County Board’s decision. Nevertheless, as this matter was litigated in the circuit court as a declaratory judgment action and not as a certiorari proceeding, the municipality did not compile a record of its proceedings, and the record before the court was found insufficient to be reviewed. Accordingly, the court remanded to the circuit court for certiorari review of the County Board’s decision with respect to BARD’s rezoning application.

Dyersville Ready Mix, Inc. v Iowa County Board of Supervisors, 2022 WL 11555313 (WI App. 10/20/2022)