Statutory Interpretation Changes.

Byline: Derek Hawkins

WI Supreme Court

Case Name: Lamar Central Outdoor, LLC. v. State of Wisconsin Division of Hearings & Appeals

Case No.: 2019 WI 19

Focus: Statutory Interpretation Changes

From time to time an administrative agency changes its interpretation of a statute in a manner that adversely affects a regulated activity. Here, an agency developed a new statutory interpretation that prohibited the owner of a roadside sign from remedying a modification that caused the sign to lose its "legal, nonconforming" status. In this case we address whether Wis. Stat. 227.10(1)(2015-16) required the agency to promulgate a rule containing the new statutory interpretation before applying it against the sign owner. We conclude that our statutes do require promulgation of a new rule under circumstances presented...