Manthe v. TOWN BOARD OF TOWN OF WINDSOR

555 N.W.2d 167, 204 Wis. 2d 546
CourtCourt of Appeals of Wisconsin
DecidedSeptember 26, 1996
Docket95-1312
StatusPublished

This text of 555 N.W.2d 167 (Manthe v. TOWN BOARD OF TOWN OF WINDSOR) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manthe v. TOWN BOARD OF TOWN OF WINDSOR, 555 N.W.2d 167, 204 Wis. 2d 546 (Wis. Ct. App. 1996).

Opinion

204 Wis.2d 546 (1996)
555 N.W.2d 167

Lloyd D. MANTHE, Sr., and Doris Manthe, Plaintiffs-Respondents,[†]
v.
TOWN BOARD OF THE TOWN OF WINDSOR and Town of Windsor, Defendants-Appellants.

No. 95-1312.

Court of Appeals of Wisconsin.

Oral argument April 18, 1996.
Decided September 26, 1996.

*549 For the defendants-appellants the cause was submitted on the briefs of Lawrence E. Bechler of Murphy & Desmond, S.C. of Madison, and orally argued by Lawrence E. Bechler.

For the plaintiffs-respondents the cause was submitted on the briefs of Michael J. Lawton of Lathrop & Clark of Madison, and orally argued by Michael J. Lawton.

For the Wisconsin Towns Association an amicus curiae brief was submitted by Thomas W. Harnisch of the Wisconsin Towns Association of Madison.

For Wisconsin's Environmental Decade an amicus curiae brief was submitted by Lawrence E. Classen of Madison.

For the League of Wisconsin Municipalities an amicus curiae brief was submitted by Curtis A. Witynski of the League of Wisconsin Municipalities of Madison.

Before Dykman, P.J., Vergeront, J., and Paul C. Gartzke, Reserve Judge.

DYKMAN, J.

The Town of Windsor and its town board appeal from an order of the circuit court requiring Windsor to give conditional preliminary approval to a plat submitted by Lloyd D. Manthe, Sr. and Doris Manthe and rejected by Windsor. Because we conclude that the town board's rejection of the plat was not arbitrary, unreasonable, discriminatory or contrary to law, we reverse.

*550 BACKGROUND

The Manthes own approximately sixty-six acres of farmland in Windsor and want to develop it into a fifty-five lot subdivision. On June 29, 1993, the Manthes filed a preliminary plat for the subdivision with Windsor for review. On July 8, 1993, Tom Bricker, Windsor's business manager, advised Richard Boots, the Manthes' real estate consultant, that Windsor would not begin formal review of the preliminary plat because of deficiencies in the proposal.

The Manthes challenged Windsor's refusal. On September 20, 1993, Windsor agreed to consider the preliminary plat on its merits despite its alleged deficiencies. Windsor ultimately rejected he plat at its September 30, 1993 town board meeting.

On October 6, 1993, Windsor sent the Manthes a letter listing the grounds for its rejection of the plat. The reasons included: (1) the Manthes' preliminary plat violated the thirty-five acre minimum lot size required by zoning ordinances; (2) the preliminary plat was incomplete and failed to provide sufficient information, including reasonable assurance that public sewer services would be provided to the site, for Windsor's staff to complete a conclusive review of the proposed development; and (3) the proposed development is on lands unsuitable for development because of natural conditions that would be harmful to future residents.[1]

The Manthes appealed Windsor's decision to the circuit court pursuant to § 236.13(5), STATS. The circuit court concluded that Windsor's rejection of the Manthes' plat was improper and ordered Windsor to *551 give conditional preliminary approval to the plat. Windsor appeals.

STANDARD OF REVIEW

Any person aggrieved by a municipality's rejection of a plat may appeal to the circuit court pursuant to § 236.13(5), STATS., under which "[t]he court shall direct that the plat be approved if it finds that the action of the approving authority or objecting agency is arbitrary, unreasonable or discriminatory." This process is called statutory certiorari. Busse v. City of Madison, 177 Wis. 2d 808, 811, 503 N.W.2d 340, 341 (Ct. App. 1993).

[1]

We review the decision of the town board, not the decision of the trial court. Gordie Boucher Lincoln-Mercury Madison, Inc. v. City of Madison Plan Comm'n, 178 Wis. 2d 74, 84, 503 N.W.2d 265, 267 (Ct. App. 1993). On certiorari, our review is limited to: (1) whether Windsor stayed within its jurisdiction; (2) whether it acted according to law; (3) whether its action was arbitrary, oppressive or unreasonable and represented its will and not its judgment; and (4) whether the evidence was such that it might reasonably make the decision in question. Snyder v. Waukesha County Zoning Bd. of Adjustment, 74 Wis. 2d 468, 475, 247 N.W.2d 98, 102 (1976). Whether Windsor has exceeded its authority is a question of law that we review de novo. Gordie Boucher, 178 Wis. 2d at 84, 503 N.W.2d at 268.

DISCUSSION

Windsor offered several reasons for its rejection of the Manthes' plat. However, we do not need to address every reason Windsor gave for its rejection of the plat. *552 "If one of the [town's] reasons for rejecting the plat is adequate, whether the other reasons are valid is irrelevant." Busse v. City of Madison, 177 Wis. 2d 808, 813, 503 N.W.2d 340, 342 (Ct. App. 1993).

Windsor argues that its rejection of the plat is justified under section 8.7 of its 1979 subdivision ordinance. We agree.

Chapter 236, STATS., regulates the subdivision of land. Section 236.03(1), STATS., requires that any subdivision[2] shall be surveyed and a plat thereof approved and recorded as required by Chapter 236.

Windsor has the authority to approve plats within its boundaries under § 236.10(1)(a), STATS. Section 236.13(1)(b), STATS., provides that "[a]pproval of the preliminary or final plat shall be conditioned upon compliance with ... [a]ny municipal, town or county ordinance."[3]

[2]

Windsor adopted section 8.7 of its 1979 ordinance pursuant to § 236.45(2)(a), STATS., which permits local *553 governments to enact subdivision ordinances that are more restrictive than the requirements of Chapter 236. Any ordinance adopted pursuant to § 236.45 must be liberally construed in favor of the town and must not be deemed a limitation or repeal of any requirement or power relating to the subdivision of lands. Section 236.45(2)(b).[4]

Section 8.7 of the 1979 ordinance provides, in relevant part:

8.7 Sanitary Sewage Disposal Systems
The subdivider shall make adequate sewage disposal systems available to each lot within the subdivision or land division.
Major Subdivisions shall be served by public sewer facilities. The size, type, and installation of all sanitary sewers proposed to be constructed shall be in accordance with plans and specifications approved by the Town Board.

Town of Windsor, Wis., Subdivision Ordinance § 8.7 (Mar. 27, 1978). Windsor rejected the Manthes' preliminary plat because the Manthes' proposal failed to include the public sewer services for the subdivision required by section 8.7 of the 1979 ordinance.

*554

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Southern Wisconsin Railway Co. v. City of Madison
240 U.S. 457 (Supreme Court, 1916)
Eastman v. City of Madison
342 N.W.2d 764 (Court of Appeals of Wisconsin, 1983)
Cohen v. Dane County Board of Adjustment
246 N.W.2d 112 (Wisconsin Supreme Court, 1976)
Busse v. City of Madison
503 N.W.2d 340 (Court of Appeals of Wisconsin, 1993)
State Ex Rel. Columbia Corp. v. Town Board of Town of Pacific
286 N.W.2d 130 (Wisconsin Supreme Court, 1979)
Snyder v. Waukesha County Zoning Board of Adjustment
247 N.W.2d 98 (Wisconsin Supreme Court, 1976)
State Ex Rel. Briggs & Stratton Corp. v. Noll
302 N.W.2d 487 (Wisconsin Supreme Court, 1981)
State v. Dairyland Power Cooperative
187 N.W.2d 878 (Wisconsin Supreme Court, 1971)
City of Madison v. Southern Wisconsin Railway Co.
146 N.W. 492 (Wisconsin Supreme Court, 1914)
Manthe v. Town Board
555 N.W.2d 167 (Court of Appeals of Wisconsin, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
555 N.W.2d 167, 204 Wis. 2d 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manthe-v-town-board-of-town-of-windsor-wisctapp-1996.