Master Disposal, Inc. v. Village of Menomonee Falls

While not raised in the briefs, at oral argument this court posed the question of whether the trial court and, in turn, this court, had jurisdiction because the plaintiff sought declaratory relief rather than a writ of certiorari as required by sec. 62.23 (7) (e), Stats., and this court’s opinion in Ferch v. Schroedel (1942), 241 Wis. 457, 6 N. W. 2d 176. Although invited to do so, neither party has responded to this inquiry.

In Ferch v. Schroedel, supra, at pages 460, 461, we stated:

“Sec. 62.23 (7) (e) 1, Stats., relating to zoning, provides for a board of appeals as follows:

“ ‘1. The council…