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COURT OF APPEALS DECISION DATED AND RELEASED FEBRUARY 18, 1997 |
NOTICE |
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A party may file with the
Supreme Court a petition to review an adverse decision by the Court of
Appeals. See § 808.10 and
Rule 809.62(1), Stats. |
This opinion is subject to
further editing. If published, the
official version will appear in the bound volume of the Official Reports. |
No. 96-1539-FT
STATE
OF WISCONSIN IN COURT OF
APPEALS
DISTRICT III
NORBERT GRENCHIK and
ANN GRENCHIK,
Plaintiffs-Appellants,
v.
DOOR COUNTY BOARD OF
ADJUSTMENT,
Defendant-Respondent.
APPEAL from a judgment
of the circuit court for Door County:
PETER C. DILTZ, Judge. Affirmed.
Before Cane, P.J.,
LaRocque and Myse, JJ.
PER CURIAM. Norbert and Ann Grenchik appeal a judgment
dismissing their appeal from the Door County Zoning Board of Adjustment to the
circuit court because it was untimely.[1] They argue that their petition was timely
because the statutory time limit commenced upon their notice of the board’s
decision, rather than the date on which the board filed its decision. We disagree.
The facts are not
disputed. The Grenchiks appealed a
decision of the zoning administrator by filing a petition with the board. The board filed its decision on September 6,
1995. The Grenchiks filed their appeal
of the board’s decision on October 9, 1995.
The court decided that the Grenchiks had until October 6, 1995, to file
their appeal, but that they commenced it after the thirty-day time limit
expired. The court granted the board’s
motion to dismiss because it lacked jurisdiction due to the untimely
filing. The Grenchiks now appeal that
decision.
The sole issue on appeal
is whether the Grenchiks filed a timely appeal pursuant to § 59.99(1), Stats. The interpretation of a zoning ordinance
presents a question of law and rules of statutory interpretation apply. Marris v. Cedarburg, 176
Wis.2d 14, 32, 498 N.W.2d 842, 850 (1993).
Absent an ambiguity, the plain language governs. See State v. Schoepp, 204
Wis.2d 266, 272-73, 554 N.W.2d 236, 238-39 (Ct. App. 1996).
According to § 59.99(10), Stats., “Any person ¼ aggrieved by any
decision of the board of adjustment ¼ may, within 30 days
after the filing of the decision in the office of the board, commence an action
seeking the remedy available by certiorari.”
We agree with the court that the Grenchiks were not in compliance with
the statute because they did not commence their appeal within thirty days of
the date the board filed its decision.
The Grenchiks argue that
the thirty-day time period began to run on September 8, 1995, when the board’s
decision was received in the mail by their attorney, and they first had notice
of the decision. We disagree. Unlike the zoning ordinance at issue in State
ex rel. DNR v. Walworth County, 170 Wis.2d 406, 489 N.W.2d 631 (Ct.
App. 1992), § 59.99(10), Stats., contains no notice
provision.
Because the appeal was
untimely, we affirm the judgment.
By the Court.—Judgment affirmed.
This opinion will not be
published. See Rule 809.23(1)(b), Stats.