WOOD v. CITY OF MADISON

No. 01-1206.

260 Wis.2d 71 (2003)

2003 WI 24

659 N.W.2d 31

Gerald G. WOOD and Debra L. Wood, Plaintiffs-Appellants, v. CITY OF MADISON, a Wisconsin municipal corporation, City of Madison Common Council, an approving authority of the City of Madison, City of Madison Plan Commission, a commission created by the City of Madison, Mark A. Olinger, Secretary of City of Madison Plan Commission, and Ray Fisher, Madison City Clerk-Treasurer, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided April 11, 2003.


Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs (in the court of appeals) by Troy M. Hellenbrand and Hellenbrand & Hellenbrand S.C., Waunakee, and Bruce K. Kaufmann and Law Office of Bruce K. Kaufmann, Madison, and oral argument by Troy M. Hellenbrand.

For the defendants-respondents the cause was argued by James M. Voss, assistant city attorney, with whom on the brief was Larry W. O'Brien, acting city attorney.

An amicus curiae brief was filed by John A. Kassner and Brennan, Steil, Basting & MacDougall, S.C., Madison, on behalf of the Wisconsin Realtors Association, and there was oral argument by John A. Kassner.

An amicus curiae brief was filed by Mark B. Hazelbaker, Madison, on behalf of the Dane County Towns Association.

An amicus curiae brief was filed by Claire Silverman, Madison, on behalf of the League of Wisconsin Municipalities.

An amicus curiae brief was filed by Carol B. Nawrocki, Shawano, on behalf of the Wisconsin Towns Association.


¶ 1. ANN WALSH BRADLEY, J.

This case is before the court on certification from the court of appeals.1 The plaintiffs-appellants, Gerald and Debra Wood (the Woods) contend that the City of Madison (Madison)2 improperly used its plat approval authority to mandate land use through a subdivision ordinance. In essence, they assert that Madison used its platting authority to perform a zoning function.

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