Winkelman v. Town of Delafield
Court of Appeals of Wisconsin
1Opinion of the CourtBrown, P.J.
¶ 1. This is a personal jurisdiction problem. The issue is whether a statutory certiorari court, having three years ago denied the landowners a writ claiming conditions attached to a variance were invalid, has continuing jurisdiction over the landowners to order specific performance of those conditions. We note that when a statutory writ is sought by the landowners, the certiorari court's remedy is limited to determining whether a variance is valid. Therefore, the landowners submit themselves to the jurisdiction of the court for that limited purpose. The final decree does not contemplate the…
2Cases cited6 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- State Ex Rel. Wasilewski v. Board of School Directors of MilwaukeeWisconsin Supreme Court · 1961
- Nischke v. Farmers & Merchants Bank & TrustCourt of Appeals of Wisconsin · 1994
- State ex rel. Wood County v. Dodge CountyWisconsin Supreme Court · 1882
- In Re Incorporation of Town of FitchburgWisconsin Supreme Court · 1980
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ottman v. Town of PrimroseWisconsin Supreme Court · 2011
- Town of Delafield v. WinkelmanWisconsin Supreme Court · 2004
- Heef Realty & Investments, LLP v. City of Cedarburg Board of AppealsCourt of Appeals of Wisconsin · 2015
- Town of Delafield v. WinkelmanCourt of Appeals of Wisconsin · 2003
- Acevedo v. City of KenoshaWisconsin Supreme Court · 2010
7 more not listed; retrieve them via the Exa API.