Standing; Zoning

Lake Country Racquet & Athletic Club Inc v Village of Hartland, 655 NW2d 189, 259 Wis 2d 107 (Wis Ct App 2002).

Facts: The Village of Hartland attempted to convey land to the county YMCA. Lake Country, a village corporation, thereafter sought a declaratory judgment ruling that the conveyance contravened state and local zoning laws. The trial court ruled that Lake Country lacked standing to contest the conveyance because it failed to demonstrate any personal stake or that it would be directly affected by the outcome of the action. Lake County appealed on the basis that both as a taxpayer and property owner of the village, that it had proper standing under Wisconsin Statutory Section 806.04(2) because its rights were affected by the rezoning.

Holding: Affirmed. Although standing should be construed liberally, a party's mere status as a taxpayer or property owner is not sufficient to confer standing in all instances to challenge municipal legislation. Standing is only proper when a claim demonstrates a risk of pecuniary loss or substantial injury. Because Lake Country did not present any evidence demonstrating that it had a personal stake in the outcome of the rezoning decision the trial court finding of a lack of standing was appropriate. Merely being a property owner or taxpayer is not enough to confer standing.

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