Legal Opinion

Winkelman v. Town of Delafield

Court of Appeals of Wisconsin

Decided October 25, 2000No. 99-3158PublishedCited by 12 opinions

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

  1. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  2. State Ex Rel. Wasilewski v. Board of School Directors of MilwaukeeWisconsin Supreme Court · 1961
  3. Nischke v. Farmers & Merchants Bank & TrustCourt of Appeals of Wisconsin · 1994
  4. State ex rel. Wood County v. Dodge CountyWisconsin Supreme Court · 1882
  5. In Re Incorporation of Town of FitchburgWisconsin Supreme Court · 1980

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Ottman v. Town of PrimroseWisconsin Supreme Court · 2011
  2. Town of Delafield v. WinkelmanWisconsin Supreme Court · 2004
  3. Heef Realty & Investments, LLP v. City of Cedarburg Board of AppealsCourt of Appeals of Wisconsin · 2015
  4. Town of Delafield v. WinkelmanCourt of Appeals of Wisconsin · 2003
  5. Acevedo v. City of KenoshaWisconsin Supreme Court · 2010

7 more not listed; retrieve them via the Exa API.

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