HEGWOOD v. TOWN OF EAGLE ZONING BOARD OF APPEALS

No. 12AP2058.

839 N.W.2d 111 (2013)

2013 WI App 118

Stephen HEGWOOD, Plaintiff-Respondent, v. TOWN OF EAGLE ZONING BOARD OF APPEALS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed September 25, 2013.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of H. Stanley Riffle , and Paul E. Alexy , of Arenz, Molter, Macy, Riffle & Larson, S.C., Waukesha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Kathryn Sawyer Gutenkunst , and James W. Hammes of Cramer , Multhauf & Hammes, LLP, Waukesha.

Before BROWN, C.J., REILLY and GUNDRUM, JJ.


GUNDRUM, J.

¶ 1 The Town of Eagle Zoning Board of Appeals appeals from a judgment of the circuit court reversing upon certiorari review the Board's decision to deny Stephen Hegwood two zoning variances. The Board contends the court erred when it reviewed Hegwood's appeal as a certiorari action, arguing that Hegwood needed to bring his action as one for declaratory judgment. The Board further asserts that the court erred in concluding the Board proceeded on an...

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