844 N.W.2d 632
Wis. Ct. App.2014Background
- Lake Delavan Property Co., LLC bought land in the Town of Delavan within the City of Delavan’s 1.5-mile extraterritorial plat-approval area; county and town plans/zoning had designated the land residential/urban-density.
- In 2011 the City amended its subdivision ordinance to limit extraterritorial divisions to one lot per 35 acres and minimum one-acre lots; the preamble mentioned protecting rural character and farming.
- In May 2012 the Company submitted a preliminary subdivision plat for about 600 single-family lots; the City denied approval in July 2012.
- The Company sought certiorari review; the circuit court reversed and ordered approval of the plat.
- The core legal question became whether the City’s denial was effectively extraterritorial land-use regulation (zoning) prohibited by Wis. Stat. § 236.45(3)(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the City denied the plat based on proposed land use | Company: denial aimed to preserve agricultural/rural use; ordinance is a use restriction | City: ordinance is a permissible density/minimum-lot-size subdivision regulation | Held: denial was based on proposed land use and therefore unlawful under § 236.45(3)(b) |
| Whether density/minimum-lot-size limits are valid extraterritorial subdivision regulation | Company: limits function as zoning and effectively preclude residential development | City: relies on Storms to argue minimum-lot rules are allowed in subdivision regulation | Held: Storms does not authorize extraterritorial use restrictions; the City’s limits operate as zoning and exceed its plat-approval authority |
Key Cases Cited
- Wood v. City of Madison, 260 Wis. 2d 71 (Wis. 2003) (chapter 236 cannot be used to reject extraterritorial plats based on use unless done via cooperative extraterritorial zoning)
- Gordie Boucher Lincoln-Mercury Madison, Inc. v. City of Madison Plan Comm'n, 178 Wis. 2d 74 (Ct. App. 1993) (extraterritorial land-use regulation is zoning, not plat approval)
- Town of Sun Prairie v. Storms, 110 Wis. 2d 58 (Wis. 1983) (upheld minimum lot-size regulation within a municipality but not addressing extraterritorial limits)
- State ex rel. Ziervogel v. Washington Cnty. Bd. of Adjustment, 269 Wis. 2d 549 (Wis. 2004) (standards for certiorari review of municipal land-use determinations)
- Snyder v. Waukesha Cnty. Zoning Bd. of Adjustment, 74 Wis. 2d 468 (Wis. 1976) (presumption of validity for government zoning actions on certiorari review)