Wisconsin Dolls, LLC v. Town of Dell Prairie
2012 WI 76
Wis.2012Background
- Wisconsin Dolls held licenses for Class B fermented malt beverages and Class B intoxicating liquor for the entire eight acres of its resort property under the Town of Dell Prairie.
- The original 2005 license and renewals described the premises as all 8 acres of the resort, encompassing multiple buildings and outdoor areas.
- In 2009 the Town renewed the license but allegedly reduced the premises description to the Main Bar/Entertainment Building only.
- Wisconsin Dolls challenged the renewal, arguing the Town lacked lawful authority to unilateral reduce the premises description upon renewal and that the original description was valid.
- The circuit court dismissed the certiorari action; the court of appeals held the original license was void for insufficient description and remanded.
- The Wisconsin Supreme Court reversed, holding the original eight-acre description was valid and that towns may not unilaterally reduce premises upon renewal without statutory authority or consent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the original premises description was void for insufficient description | Wisconsin Dolls contends eight acres were described and valid. | Town argues description was vague and failed to meet statutory requirements. | Original license description not void; eight acres described. |
| Whether the Town had authority to unilaterally reduce premises upon renewal | Town lacked statutory grant to modify renewal Premises description without consent. | Town has broad regulatory authority under Chapter 125 to manage licenses upon renewal. | Town lacked authority to unilaterally reduce the premises upon renewal; must follow statute or obtain consent. |
Key Cases Cited
- Alberti v. City of Whitewater, 109 Wis. 2d 592 (Ct. App. 1982) (license premises cannot be unilaterally expanded; transfer analogies possible)
- Ottman v. Town of Primrose, 332 Wis. 2d 3 (2011 WI) (certiorari review framework and standards)
- Klemm v. American Transmission Co., LLC, 333 Wis. 2d 580 (2011 WI) (statutory interpretation in Chapter 125 context)
- Eichenseer v. Madison-Dane Cnty. Tavern League, 308 Wis. 2d 684 (2008 WI) (state regulation of alcohol; premises scope)
- Danielson v. City of Sun Prairie, 239 Wis. 2d 178 (2000 WI App) (home rule and delegated authority principles)
- Lounge Mgmt. v. Town of Trenton, 219 Wis. 2d 13 (1998 WI) (towns' regulatory authority under Chapter 125)