SB296,8,21 19(2) Judicial review. (a) A final decision of a political subdivision or an agency
20of a political subdivision on an application for an approval may be reviewed only by
21an action for certiorari as provided under this section.
SB296,8,2422 (b) No action under this section may be filed more than 30 days after the final
23decision by a political subdivision or agency of a political subdivision on an
24application for an approval.
SB296,8,2525 (c) An action under this section may be filed only by any of the following:
SB296,9,1
11. The person who submitted the application for an approval.
SB296,9,32 2. A person that has an ownership interest in the real property that is the
3subject of the application for an approval.
SB296,9,124 3. A person that, as a result of the final decision on the application for an
5approval, sustains actual damages or will imminently sustain actual damages that
6are personal to the person and distinct from damages that impact the public
7generally. A person under this subdivision may not seek review under this section
8unless, prior to the final decision on the approval, the person provided a statement
9in writing on the approval to the political subdivision or agency of the political
10subdivision or appeared and provided an oral statement at a public proceeding held
11by the political subdivision or agency of the political subdivision at which the
12approval was considered.
SB296,9,1413 4. A person, other than an individual, that satisfies all of the following
14conditions:
SB296,9,1615 a. The person has as a member, partner, or stockholder at least one person
16described under subd. 1., 2., or 3.
SB296,9,1717 b. The person was not organized or incorporated in response to the application.
SB296,9,1818 5. A local governmental unit, as defined in s. 66.0131 (1) (a).
SB296,9,2019 6. To the extent authorized by law, a state agency, as defined in s. 20.931 (1) (c),
20that is aggrieved by the final decision on the application for approval.
SB296,9,2521 (d) 1. The person seeking review under this section shall file pleadings, which
22shall be served in the manner provided in ch. 801 for service in civil actions. The
23pleadings shall specify facts demonstrating that the person has standing under par.
24(c) and shall identify the specific errors the person claims justify the requested relief.
25The political subdivision shall have 45 days to file an answer or other responsive

1pleading to the complaint. The political subdivision shall transmit the record under
2s. 781.03 (1) no later than 30 days after an answer or other responsive pleading is
3filed.
SB296,10,74 2. The court shall require that any additional pleadings and any motions and
5supporting papers be filed no later than 90 days after the expiration of the latest
6deadline under subd. 1. for filing answers or other responsive pleadings. The court
7may supplement the record on review only upon motion of a party for good cause.
SB296,10,98 3. The court shall give the action under this paragraph preference over all other
9civil actions and proceedings.
SB296,10,1410 4. The court shall decide the action under this paragraph upon the return made
11by the political subdivision. The court may reverse or affirm the determination
12brought up for review or remand to the political subdivision for further proceedings
13consistent with the court's decision. The court shall issue a decision in writing no
14later than 60 days after the deadline under subd. 2.
SB296,10,1615 5. Any appeal of a decision issued under subd. 4. shall be taken within the time
16period specified in s. 808.04 (1s).
SB296,21 17Section 21 . 781.10 (2) (a) of the statutes, as created by 2023 Wisconsin Act ....
18(this act), is amended to read:
SB296,10,2219 781.10 (2) (a) A Except as provided in s. 66.10016 (4), a final decision of a
20political subdivision or an agency of a political subdivision on an application for an
21approval may be reviewed only by an action for certiorari as provided under this
22section.
SB296,22 23Section 22. 808.04 (1s) of the statutes is created to read:
SB296,10,2524 808.04 (1s) An appeal under s. 781.10 (2) (d) 5. shall be initiated within 30 days
25after the date of entry of the judgment or order appealed from.
SB296,23
1Section 23. 809.108 of the statutes is created to read:
SB296,11,5 2809.108 Appeals in proceedings related to political subdivision
3approvals.
(1) Applicability. This section applies to the appeal of a judgment or
4order under s. 781.10 (2) (d) 5. and supersedes all inconsistent provisions of this
5chapter.
SB296,11,9 6(2) Initiating an appeal. A party may initiate an appeal under this section by
7filing a notice of appeal with the clerk of the circuit court in which the judgment or
8order appealed from was entered and shall specify in the notice of appeal the
9judgment or order appealed from.
SB296,11,12 10(3) Appeal procedure. Subsequent proceedings in an appeal under this section
11are governed by the procedures for civil appeals under this subchapter and the
12procedures under subch. VI, except as follows:
SB296,11,1413 (a) The appellant shall file a brief within 30 days after the filing of the record
14on appeal.
SB296,11,1615 (b) The respondent shall file a brief within 30 days after the service of the
16appellant's brief.
SB296,11,1817 (c) The appellant shall file within 15 days after the service of the respondent's
18brief a reply brief or statement that a reply brief will not be filed.
SB296,11,21 19(4) Decision. The court of appeals shall give preference to an appeal under this
20section and shall take the appeal in an order that ensures that the court of appeals
21issues a decision no later than 90 days after the deadline under sub. (3) (c).
SB296,24 22Section 24. Initial applicability.
SB296,11,2523 (1) This act first applies to a final decision, including a final decision on an
24approval, as defined in s. 781.10 (1) (a), made by a political subdivision, as defined
25in s. 781.10 (1) (b), on the effective date of this subsection.
SB296,25
1Section 25. Effective dates. This act takes effect on the day after publication,
2except as follows:
SB296,12,53 (1) The renumbering of s. 66.10015 (3), the amendment of s. 781.10 (2) (a), the
4repeal and recreation of s. 66.10015 (3) (title), and the creation of ss. 66.10015 (1m)
5and (3) (a) and 66.10016 take effect on January 1, 2025.
SB296,12,66 (End)
Loading...
Loading...