Appeals to the Court
Decisions of the zoning board, including variances, conditional uses and administrative appeals, may be appealed to circuit court. Any aggrieved person, taxpayer, officer, or body of the municipality may seek certiorari review within 30 days of filing the decision in the office of the zoning board.1
Decisions of the governing body, such as acting upon a permit application or choosing the procedure to follow in considering an ordinance may also be appealed to circuit court. Any party to the proceeding may seek certiorari review within 30 days of being notified of the final decision.2
In a certiorari action, the court will review the record using the Certiorari Review Standards. It may affirm, reverse or modify the decision appealed in whole or in part. If a decision is overturned, the court may “remand” or send the case back to the original decision-maker with instructions for further proceedings.
1Wis. Stat. §§ 59.694(10) & 62.23(7)(e)10.
2Wis. Stat. § 68.13.
Certiorari Review Standards
The following standards are used by courts to review local land use decisions on certiorari.69 These points provide an excellent checklist that can be used by plan commission members and other local land use decision-makers to judge the overall quality and defensibility of their decisions.
