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WINKELMAN v. TOWN OF DELAFIELD

No. 99-3158.

239 Wis.2d 542 (2000)

2000 WI App 254

620 N.W.2d 438

Eric WINKELMAN and Christine Winkelman, Plaintiffs-Appellants, v. TOWN OF DELAFIELD and Town of Delafield Zoning Board of Appeals, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 25, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of James W. Hammes of Cramer, Multhauf & Hammes, LLP of Waukesha.

On behalf of the defendants-respondents, the cause was submitted on the brief of H. Stanley Riffle of Arenz, Molter, Macy & Riffloe, S.C. of Waukesha.

Before Brown, P.J., Anderson and Snyder, JJ.

¶ 1. BROWN, P.J.

This is a personal jurisdiction problem. The issue is whether a statutory certiorari court, having three years ago denied the landowners a writ claiming conditions attached to a variance were invalid, has continuing jurisdiction over the landowners to order specific performance of those conditions. We note that when a statutory writ is sought by the landowners, the certiorari court's remedy is limited to determining whether a variance is valid...

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