Abuse of Discretion Jurisdiction.

Byline: Derek Hawkins

WI Court of Appeals District II

Case Name: State of Wisconsin ex rel. Eric A. Nielsen, et al. v. Walworth County Board of Adjustment

Case No.: 2019AP10

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Abuse of Discretion Jurisdiction

Eric A. Nielsen, Vicky A. Nielsen, Vernon R. Nelson, and Priscilla Kay Aldon Nelson ("the Homeowners") appeal an order denying their action for certiorari relief and affirming the decision of the Walworth County Board of Adjustment. While we conclude that the Homeowners have not overcome the presumption of correctness and validity of the Board's decision, we also conclude their appeal is not frivolous. We affirm.

On review, therefore, our function is limited to determining whether (1) the Board kept within its jurisdiction; (2) it proceeded on a correct theory of law; (3) its action was arbitrary, oppressive, or unreasonable and represented its will and not its judgment; and (4) it...