LRBs0588/1
RPN&MES:kmg&jlg:hmh
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 810
March 16, 1998 - Offered by
Committee on Land Use.
AB810-ASA1,1,3
1An Act to repeal and recreate 59.694 (14), 60.65 (5) and 62.23 (7) (e) 14.; and
2to create 59.694 (15) of the statutes;
relating to: requiring a court to award
3litigation expenses in certain appeals of zoning decisions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB810-ASA1, s. 1
4Section
1. 59.694 (14) of the statutes is repealed and recreated to read:
AB810-ASA1,1,85
59.694
(14) Costs and litigation expenses. (a) In this subsection, "litigation
6expenses" means the sum of the costs, disbursements and expenses, including
7reasonable attorney fees and expert witness fees, necessary to prepare for and
8participate in the appeal of a decision of the board of adjustment.
AB810-ASA1,1,129
(b) In lieu of costs under s. 814.04, litigation expenses shall be awarded to the
10person appealing the decision of the board of adjustment if that person prevails, if
11the appeal is not related to metallic mining operations and if the court determines
12that the board of adjustment acted with gross negligence, in bad faith or with malice.
AB810-ASA1,2,32
59.694
(15) Preference. All issues in any proceeding under this section shall
3have preference over all other civil actions and proceedings.
AB810-ASA1, s. 3
4Section
3. 60.65 (5) of the statutes is repealed and recreated to read:
AB810-ASA1,2,85
60.65
(5) Board of adjustment powers, duties and procedures. Subject to this
6section and except where clearly inconsistent with this section, the board of
7adjustment under a town zoning ordinance is subject to all of the provisions of s.
859.694.
AB810-ASA1, s. 4
9Section
4. 62.23 (7) (e) 14. of the statutes is repealed and recreated to read:
AB810-ASA1,2,1310
62.23
(7) (e) 14. a. In this subdivision, "litigation expenses" means the sum of
11the costs, disbursements and expenses, including reasonable attorney fees and
12expert witness fees, necessary to prepare for and participate in the appeal of a
13decision of the board of appeals.
AB810-ASA1,2,1714
b. In lieu of costs under s. 814.04, litigation expenses shall be awarded to the
15person appealing the decision of the board of appeals if that person prevails, if the
16appeal is not related to metallic mining operations and if the court determines that
17the board of appeals acted with gross negligence, in bad faith or with malice.
AB810-ASA1,2,2019
(1) This act first applies to appeals to a board of adjustment or to a board of
20appeals that are commenced on the effective date of this subsection.
