Gail Moreschi v. Village of Williams Bay and Town of Linn ETZ Zoning Board of Appeals, 953 N.W.2d 318

Background

Gail Moreschi, neighbor of Suzanne and William Edwards, challenged a variance the Edwardses obtained to rebuild a home that required reduced side/rear setbacks.
The Extraterritorial Zoning Board of Appeals (Board) voted orally to grant the variance at a May 23, 2017 hearing; no Board member on the transcript expressly made the five findings required by the local ETZ ordinance at that hearing.
Moreschi filed a certiorari petition on June 12, 2017 — within 30 days of the oral vote but before any written decision or approved minutes were filed in the Board’s office.
On July 31, 2017 the Board issued "approved" minutes and a signed Determination Form containing detailed findings (reciting the five ordinance factors) and those documents were filed in the Board’s office and supplied in the certiorari record.
The circuit court and court of appeals upheld the Board; the Wisconsin Supreme Court addressed whether certiorari is triggered by filing the board’s decision and whether including the post‑filed Determination Form/approved minutes and the Board’s legal theory violated due process or otherwise was incorrect.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
When is certiorari triggered under Wis. Stat. § 62.23(7)(e)10?	Moreschi: trigger occurs at oral vote or when draft minutes (received June 28) were created/filed — "immediate" filing of minutes makes her filing timely.	Board: trigger occurs when a written decision is filed in the Board's office — here the Determination Form/approved minutes filed July 31.	Held: Trigger is the filing of a written decision in the Board's office; Determination Form filed July 31 triggered certiorari.
Did including the approved minutes and Determination Form in the certiorari record violate due process?	Moreschi: inclusion was improper because those documents were produced/approved after she filed and effectively supplemented the record she challenged.	Board: inclusion was proper because Moreschi had no right to certiorari until the decision was filed; the certified record must reflect the Board's official, filed decision.	Held: No due process violation; the certiorari record properly included the Board's filed written decision and approved minutes.
Did the Board proceed on a correct theory of law (i.e., make required findings under ETZ Ord. §18.1716(H))?	Moreschi: Board failed to make findings beyond a reasonable doubt at the hearing and thus could not lawfully grant the variance.	Board: Determination Form and approved minutes contain the required findings and show the Board applied the ordinance correctly.	Held: Board proceeded on a correct theory of law; the Determination Form recited the five findings and applied the ordinance, so the decision stands.

Key Cases Cited

Kalal v. Circuit Court for Dane County, 271 Wis. 2d 633 (2004) (rules for statutory interpretation; give words ordinary meaning and effect to every word)
State ex rel. Ziervogel v. Washington County Bd. of Adjustment, 269 Wis. 2d 549 (2004) (standards and scope for certiorari review of local board decisions)
Lamar Central Outdoor, Inc. v. Bd. of Zoning Appeals, 284 Wis. 2d 1 (2005) (board may render decisions orally or in writing; written entry is required for appealability)
Edward Kraemer & Sons v. Sauk County Bd. of Adjustment, 183 Wis. 2d 1 (1994) (board proceeds on correct theory of law when it relies on and properly applies applicable ordinances)
State v. Matasek, 353 Wis. 2d 601 (2014) (statutory text must be given effect; interpret "filed" by ordinary meaning)
AllEnergy Corp. v. Trempealeau County, 375 Wis. 2d 329 (2017) (review of administrative action requires considering the whole record and reasonableness of decision)
State v. Malone, 136 Wis. 2d 250 (1987) (oral orders must be reduced to writing before appellate review)