|
|
|||||||||||||||
|
PREVIOUS ARTICLE | FRONT PAGE | NEXT ARTICLE
New Court Decision Impacts Zoning Boards By Rebecca Roberts, Land Use Specialist, CLUE The Wisconsin Supreme Court recently issued a decision that will impact how zoning boards of adjustment/appeals record their decisions. To what extent must a zoning board explain its reasoning for approving or denying an application? Answer: A zoning board may not grant or deny an application by simply restating the statutory or ordinance language that was or was not met. In order to allow for meaningful certiorari review by a circuit court, the board must explain the "grounds" it relied upon to make its decisions � or the reasons the application does or does not fit the legal criteria. These reasons do not need to be included in the board�s written decision as long as they are recorded in the transcript of the board proceedings. Lamar Central Outdoor, Inc. v. Board of Zoning Appeals of the City of Milwaukee. 2005 WI 117. n
These legal updates were reviewed for form and content by JoAnne Kloppenburg from the Wisconsin Department of Justice. Any errors, mistakes and omissions remain the responsibility of the authors.
|
||||||||||||||