As a follow up to the two-part article about conditional uses in the last Tracker newsletter, here is a case law update answering the following question:

In Osterhues v. Board of Adjustment for Washburn County, the Court of Appeals decided that the board of adjustment, when hearing an appeal of a zoning committee decision, does not have authority to review the case de novo.

In interpreting �� 59.694 (7) and (8) of Wisconsin Statutes, the Court of Appeals concluded:

• The use of the word �appeals� does not entitle an appellant to a de novo review.
• A de novo review is only permitted when state statutes specifically provide that authority, and Wisconsin Statutes do not specify any circumstances under which a board of adjustment may review a matter de novo.

� If the board of adjustment determines there is an error to be corrected then it may avoid remand of the decision by making a decision the zoning committee had the authority to make.