2023 Wisconsin Act 16

(3) If a person submits a complete application for a permit related to a residential housing development meeting all existing requirements that must be satisfied to obtain the permit at the time the application is filed, the political subdivision shall grant the application. An application is deemed complete under this subsection if it complies with form and content requirements. An application is filed under this subsection on the date that the political subdivision receives the application.

(4) A person aggrieved by a political subdivision's failure to approve an application under sub. (3) may seek relief through an action for mandamus as provided in ch. 783. If the court finds that the political subdivision improperly failed to approve the application under sub. (3), the court shall issue a writ of mandamus ordering the political subdivision to approve the application. For purposes of any mandamus claim filed under this subsection, substantial damages or injury shall be assumed.

16,19e Section 19e. 236.13 (5) of the statutes is renumbered 236.13 (5) (a) and amended to read:

236.13 (5) (a) Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal therefrom as provided in s. 62.23 (7) (e) 10. a., 14. and 15., within 30 days of notification of the rejection of the plat. For the purpose of such an appeal under this paragraph, the term “board of appeals" means an “approving authority". Where the failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action. The court shall direct that the plat be approved if it finds that the action of the approving authority or objecting agency is arbitrary, unreasonable, or discriminatory.

16,19g Section 19g. 236.13 (5) (b) of the statutes is created to read:

236.13 (5) (b) Notwithstanding par. (a), a decision of an approving authority on an application for an approval, as defined in s. 781.10 (1) (a), is subject to review under the procedures contained in s. 781.10.

16,20 Section 20. 781.10 of the statutes is created to read:

781.10 Certiorari review of certain local decisions. (1) Definitions. In this section:

(a) “Approval” means a permit or authorization for building, zoning, driveway, stormwater, or other activity related to residential development.

(b) “Political subdivision” means a city, village, town, or county or a board of appeals or board of adjustment.

(c) “Residential development” means the development or redevelopment of land or buildings for the primary purpose of providing housing.

(2) Judicial review. (a) A final decision of a political subdivision or an agency of a political subdivision on an application for an approval may be reviewed only by an action for certiorari as provided under this section.

(b) No action under this section may be filed more than 30 days after the final decision by a political subdivision or agency of a political subdivision on an application for an approval.

(c) An action under this section may be filed only by any of the following:

1. The person who submitted the application for an approval.

2. A person that has an ownership interest in the real property that is the subject of the application for an approval.

3. A person that, as a result of the final decision on the application for an approval, sustains actual damages or will imminently sustain actual damages that are personal to the person and distinct from damages that impact the public generally. A person under this subdivision may not seek review under this section unless, prior to the final decision on the approval, the person provided a statement in writing on the approval to the political subdivision or agency of the political subdivision or appeared and provided an oral statement at a public proceeding held by the political subdivision or agency of the political subdivision at which the approval was considered.

4. A person, other than an individual, that satisfies all of the following conditions:

a. The person has as a member, partner, or stockholder at least one person described under subd. 1., 2., or 3.

b. The person was not organized or incorporated in response to the application.

5. A local governmental unit, as defined in s. 66.0131 (1) (a).

6. To the extent authorized by law, a state agency, as defined in s. 20.931 (1) (c), that is aggrieved by the final decision on the application for approval.

(d) 1. The person seeking review under this section shall file pleadings, which shall be served in the manner provided in ch. 801 for service in civil actions. The pleadings shall specify facts demonstrating that the person has standing under par. (c) and shall identify the specific errors the person claims justify the requested relief. The political subdivision shall have 45 days to file an answer or other responsive pleading to the complaint. The political subdivision shall transmit the record under s. 781.03 (1) no later than 30 days after an answer or other responsive pleading is filed.

2. The court shall require that any additional pleadings and any motions and supporting papers be filed no later than 90 days after the expiration of the latest deadline under subd. 1. for filing answers or other responsive pleadings. The court may supplement the record on review only upon motion of a party for good cause.

3. The court shall give the action under this paragraph preference over all other civil actions and proceedings.

4. The court shall decide the action under this paragraph upon the return made by the political subdivision. The court may reverse or affirm the determination brought up for review or remand to the political subdivision for further proceedings consistent with the court's decision or take any other action that the court deems appropriate in the interests of justice that is consistent with judicial review of an action in certiorari. The court shall issue a decision in writing no later than 60 days after the deadline under subd. 2.

5. Any appeal of a decision issued under subd. 4. shall be taken within the time period specified in s. 808.04 (1s).

16,21 Section 21 . 781.10 (2) (a) of the statutes, as created by 2023 Wisconsin Act .... (this act), is amended to read:

781.10 (2) (a) A Except as provided in s. 66.10016 (4), a final decision of a political subdivision or an agency of a political subdivision on an application for an approval may be reviewed only by an action for certiorari as provided under this section.

16,22 Section 22. 808.04 (1s) of the statutes is created to read:

808.04 (1s) An appeal under s. 781.10 (2) (d) 5. shall be initiated within 30 days after the date of entry of the judgment or order appealed from.

16,23 Section 23. 809.108 of the statutes is created to read:

809.108 Appeals in proceedings related to political subdivision approvals. (1) Applicability. This section applies to the appeal of a judgment or order under s. 781.10 (2) (d) 5. and supersedes all inconsistent provisions of this chapter.

(2) Initiating an appeal. A party may initiate an appeal under this section by filing a notice of appeal with the clerk of the circuit court in which the judgment or order appealed from was entered and shall specify in the notice of appeal the judgment or order appealed from.

(3) Appeal procedure. Subsequent proceedings in an appeal under this section are governed by the procedures for civil appeals under this subchapter and the procedures under subch. VI, except as follows:

(a) The appellant shall file a brief within 30 days after the filing of the record on appeal.

(b) The respondent shall file a brief within 30 days after the service of the appellant's brief.

(c) The appellant shall file within 15 days after the service of the respondent's brief a reply brief or statement that a reply brief will not be filed.

(4) Decision. The court of appeals shall give preference to an appeal under this section and shall take the appeal in an order that ensures that the court of appeals issues a decision no later than 90 days after the deadline under sub. (3) (c).

16,24 Section 24. Initial applicability.

(1) This act first applies to a final decision, including a final decision on an approval, as defined in s. 781.10 (1) (a), made by a political subdivision, as defined in s. 781.10 (1) (b), on the effective date of this subsection.

16,25 Section 25. Effective dates. This act takes effect on the day after publication, except as follows:

(1) The renumbering of s. 66.10015 (3), the amendment of s. 781.10 (2) (a), the repeal and recreation of s. 66.10015 (3) (title), and the creation of ss. 66.10015 (1m) and (3) (a) and 66.10016 take effect on January 1, 2025.