Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: June 14, 2023 Contact: Ethan Lauer, Senior Staff Attorney
2023 Assembly Bill 266
Assembly
Amendment 2
CURRENT LAW
Certain local land use decisions may be appealed to circuit court for certiorari review. These decisions
include the following five types: (1) the grant or denial of a conditional use permit; (2) a decision by a
zoning board of appeals or zoning board of adjustment; (3) a change to an official map; (4) an objection
to a plat; and (5) a failure to approve a plat.
An action seeking certiorari review must be commenced within 30 days of the decision. Such an action
may be commenced only by one of the following:
A person aggrieved by a decision of a zoning board of appeals or zoning board of adjustment.
A person aggrieved by an objection to a plat or a failure to approve a plat.
A taxpayer.
Any officer, department, board, or bureau of the municipality.
Certiorari review is a limited review of another entity’s decision. The scope of review includes such
matters as whether the entity stayed within its jurisdiction, whether it proceeded on a correct theory of
law, whether its action was arbitrary, oppressive, or unreasonable, and whether the evidence reasonably
supported its decision.
2023 ASSEMBLY BILL 266
Among other provisions, 2023 Assembly Bill 266 establishes a new procedure for certiorari review of
local land use decisions regarding residential development.
Specifically, the bill provides that the new procedure for certiorari review is the only review available for
a decision of a political subdivision
1
regarding an application for an “approval.” An “approval” means a
permit or authorization for building, zoning, driveway, stormwater, or other activity related to
residential development.
As with certiorari review under current law described above, the bill requires the new certiorari action
to be filed within 30 days of the decision, but the bill also establishes timelines within which other steps
in the certiorari action must proceed. Also under the bill, the court may reverse or affirm the
determination brought up for review, or it may remand to the political subdivision for further
proceedings consistent with the court’s decision. Finally, the bill specifies that the certiorari action may
be commenced only by one of the following:
The person who submitted the application for approval.
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A city, village, town, county, board of appeals, or board of adjustment. - 2 -
A person with an ownership interest in the real property that is the subject of the application for
approval.
A person who would, as a result of the decision, sustain actual damages that are personal and
distinct from damages to the public generally, but only if the person provided a written statement to
the governing body before it acted on the application or provided an oral statement at the
proceeding at which the application was considered.
Certain corporate bodies affiliated with any person belonging to the above three categories.
A local governmental unit.
To the extent authorized by law, a state agency that is aggrieved by the decision on the application
for approval.
With regard to the five types of land use decisions mentioned in the current law section, above, the bill
specifies that certiorari review of those decisions occurs under the new procedure for certiorari review
of an “approval” (even if the decision did not involve an application for a permit or authorization for
building, zoning, driveway, stormwater, or other activity related to residential development).
ASSEMBLY AMENDMENT 2
Assembly Amendment 2 clarifies which certiorari procedure applies to the review of the five types of
land use decisions mentioned in the current law section, above. Like the bill, a land use decision
involving an application for an “approval” (that is, an application for a permit or authorization for
building, zoning, driveway, stormwater, or other activity related to residential development) occurs
under the new certiorari procedure. Unlike the bill, a land use decision that does not involve an
application for an “approval” occurs under current law certiorari procedure rather than the new
certiorari procedure.
Assembly Amendment 2 also specifies that a court, when conducting certiorari review of an application
for an “approval,” may 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 (in addition to reversing, affirming, or
remanding, as provided by the bill).
BILL HISTORY
Representative Brooks introduced Assembly Amendment 2 on June 12, 2023. On June 14, 2023, the
Assembly adopted the amendment and passed the bill, as amended, each on a voice vote.
For a full history of the bill, visit the Legislature’s bill history page.
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