Merkel v. Village of Germantown

James Merkel and Carlton Martin appeal from an order dismissing their petition for a writ of certiorari and reversing and remanding the matter back to the Village of Germantown Zoning Board (hereinafter Board). The trial court did not con sider the issue raised in the certiorari petition — -whether the land area calculations as represented by the seven protest petitions complied with the 20% requirement of § 62.23(7)(d)2m, Stats. Instead, the court rescinded the vote on rezoning and ordered the Board to validate five additional petitions, which by advice of counsel were held invalid by the…