State Ex Rel. Lozoff v. Board of Trustees of Village of Hartland

The sole issue presented on this appeal is whether the trial court erred in ruling that nonaction on the part of the village constituted approval of the preliminary plat.

The trial court based its ruling on sec. 236.11 (1) (a), Stats., which reads as follows:

“Before submitting a final plat for approval, the sub-divider may submit, or the approving authority may require that he submit, a preliminary plat. It shall be clearly marked ‘preliminary plat’ and shall be in sufficient detail to determine whether the final plat will meet layout requirements. Within 40 days the approving authority, or…