Judicial review of local governmental decisions related to certain land development, local approval of residential housing development, and amendment of zoning ordinances. (FE)

Under current law, decisions of political subdivisions related to land use are often judicially reviewed using a common law procedure known as “certiorari” review. In general, under this type of review, a court receives the record created by the political subdivision and performs a limited review to test the validity of the decision. On certiorari review, a court is generally limited to determining whether 1) the political subdivision's decision was within its jurisdiction; 2) the political subdivision acted according to law; 3) the decision was arbitrary, oppressive, or unreasonable; and 4) the evidence presented was such that the political subdivision might reasonably make the decision it did. There is a presumption of correctness and validity to the political subdivision's decision.

The bill specifies certain details regarding the conduct of certiorari review of certain decisions of political subdivisions relating to zoning and residential land use.

First, the bill limits the persons who may seek review of these decisions to those that 1) submitted the application for approval; 2) have an ownership interest in the real property that is the subject of the application for an approval; 3) sustain actual damages or will imminently sustain actual damages that are personal to the person and distinct from damages that impact the public generally; or 4) are certain governmental actors. In addition, persons under item 3 must have provided a statement or appeared at a public proceeding and testified before the political subdivision on the approval proposed to be reviewed. Second, the bill requires that the certiorari action be filed within 30 days of the final decision of the political subdivision. Third, the bill specifies that a court must decide the action based only on the record provided by the political subdivision and may only affirm or reverse the decision or remand for further proceedings. Finally, the bill specifies deadlines for various steps in the review process to expedite the court's review and directs the court to give the action preference over other civil actions and proceedings.

Currently, s. 66.10015, stats., includes several definitions. The bill specifies that the definitions that apply to s. 66.10015, stats., do not apply to s. 66.10016, stats., a new provision created in the bill.

Because this bill may increase or decrease, directly or indirectly, the cost of the development, construction, financing, purchasing, sale, ownership, or availability of housing in this state, the Department of Administration, as required by law, will prepare a report to be printed as an appendix to this bill.