Legal Opinion

Tobler v. Door County

Wisconsin Supreme Court

Decided November 6, 1990No. 89-0580PublishedCited by 12 opinions

1Opinion of the CourtSteinmetz, J.

The issue in this case is whether a certiorari review under sec. 801.02(5), Stats., may be commenced by the filing of a summons and complaint pursuant to sec. 801.02(1).

The trial court answered "no" and the court of appeals affirmed. We hold to the contrary. An action for a remedy available by certiorari may be commenced by filing and serving a summons and complaint pursuant to sec. 801.02(1), Stats.

On May 26, 1988, the plaintiffs, John Tobler and Beth Tobler, individually and as members of a group of similarly situated property owners (hereinafter plaintiffs), filed a summons and complaint…

2Cases cited5 opinions

  1. County of Columbia v. BylewskiWisconsin Supreme Court · 1980
  2. DeMars v. LaPourWisconsin Supreme Court · 1985
  3. Marshall-Wisconsin Co. v. Juneau Square Corp.Wisconsin Supreme Court · 1987
  4. State Ex Rel. Schwochert v. Marquette County Board of AdjustmentCourt of Appeals of Wisconsin · 1986
  5. Nickel River Investments v. City of La Crosse Board of ReviewCourt of Appeals of Wisconsin · 1990

3Cited by12 opinions

  1. Thorp v. Town of LebanonWisconsin Supreme Court · 2000
  2. Thomas D. Nowell v. City of WausauWisconsin Supreme Court · 2013
  3. City of Milwaukee v. GreenbergWisconsin Supreme Court · 1991
  4. State v. CetnarowskiCourt of Appeals of Wisconsin · 1992
  5. State Ex Rel. Department of Natural Resources v. Walworth County Board of AdjustmentCourt of Appeals of Wisconsin · 1992

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