(Download) "Merkel v. Village of Germantown" by Wisconsin Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Merkel v. Village of Germantown
- Author : Wisconsin Court of Appeals
- Release Date : January 08, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
James Merkel and Carlton Martin appeal from an order dismissing their petition for a writ of certiorari and reversing and remanding the matter back to the Village of Germantown Zoning Board (hereinafter Board). The trial court did not consider the issue raised in the certiorari petition-whether the land area calculations as represented by the seven protest petitions complied with the 20% requirement of Section 62.23(7)(d)2m, Stats. Instead, the court rescinded the vote on rezoning and ordered the Board to validate five additional petitions, which by advice of counsel were held invalid by the Board, to recalculate the area represented by all twelve petitions protesting Merkel's requested rezoning and to conduct further proceedings following the recalculation. Because certiorari exists for a limited purpose-to test the validity of judicial or quasi-judicial determinations-and because the certiorari court committed error by considering the Board's answer and not limiting review to the issue presented in the certiorari petition, we reverse the trial court's order. Martin is the owner and Merkel is the developer of a parcel of land in the Village of Germantown which is zoned A-2 Agricultural. In March 1996, Martin and Merkel (hereinafter Merkel) applied to the Village to rezone the parcel from A-2 Agricultural to EH Elderly Housing District, with the intent of developing an elderly housing complex.1 The application went before the Village Plan Commission in March and the Commission rejected the requested zoning by a vote of six to one. Merkel sought reconsideration by the Commission, but it declined to change its earlier decision.
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