935 N.W.2d 856
Wis. Ct. App.2019Background
- Michael Anderson owns a shoreland lot on Lake Mildred with 358.43 feet of frontage and sought to divide it into two lots with 195 and 163.43 feet of frontage.
- The Town of Newbold denied the certified survey map because its Subdivision Ordinance (enacted under ch. 236) requires a minimum 225-foot lot width at the ordinary high-water mark.
- Anderson sought certiorari review in circuit court; the court upheld the Town's denial. Anderson appealed.
- Central statutory authorities: WIS. STAT. § 236.45 (town subdivision authority) and WIS. STAT. § 59.692 (limits towns’ shoreland zoning authority).
- The legal question centers on whether a town may enforce a subdivision-based shoreland frontage requirement even though towns are prohibited from enacting shoreland zoning ordinances.
Issues
| Issue | Anderson's Argument | Town of Newbold's Argument | Held |
|---|---|---|---|
| Whether the Subdivision Ordinance is a disguised shoreland zoning ordinance | The ordinance "looks and acts" like zoning; if it is zoning, the Town lacks authority to enforce it | The ordinance was enacted under ch. 236 (subdivision authority) and is therefore valid even if it resembles zoning | The court held the ordinance was lawfully enacted under § 236.45 and its resemblance to zoning does not invalidate it |
| Whether § 59.692 (shoreland zoning limits) implicitly revoked town subdivision authority under § 236.45 | § 59.692’s prohibition on town shoreland zoning should be read to revoke any conflicting power to regulate shoreland subdivisions | § 59.692 applies only to zoning enacted under that section; § 236.45 explicitly requires liberal construction in favor of municipalities and contains no repeal | The court held there is no implied repeal; § 59.692 does not revoke subdivision powers under § 236.45, so the Town may enforce its subdivision frontage requirement |
Key Cases Cited
- Town of Sun Prairie v. Storms, 110 Wis. 2d 58 (1983) (municipal subdivision control and zoning are separate, complementary enabling schemes)
- Hegwood v. Town of Eagle Zoning Bd. of Appeals, 351 Wis. 2d 196 (2013) (statutory scheme precludes towns from enacting shoreland zoning ordinances)
- Kalal v. Circuit Court for Dane Cty., 271 Wis. 2d 633 (2004) (statutory interpretation starts with plain language and context)
- Wood v. City of Madison, 260 Wis. 2d 71 (2003) (statutory interpretation is a question of law; ch. 236 provides independent subdivision authority)
- Lake Delavan Prop. Co. v. City of Delavan, 353 Wis. 2d 173 (2014) (scope of certiorari review of municipal decisions)
- Zwiefelhofer v. Town of Cooks Valley, 338 Wis. 2d 488 (2012) (distinguishes core characteristics of traditional zoning from subdivision regulation)