McKEE FAMILY I, LLC v. CITY OF FITCHBURG

No. 2014AP1914.

893 N.W.2d 12 (2017)

2017 WI 34

McKEE FAMILY I, LLC and JD McCormick Company, LLC, Plaintiffs-Appellants-Cross-Respondents-Petitioners, v. CITY OF FITCHBURG, Defendant-Respondent-Cross-Appellant.

Supreme Court of Wisconsin.

Opinion Filed: April 12, 2017.


Attorney(s) appearing for the Case

For the plaintiff-appellant-cross-respondent-petitioners, there were briefs by Matthew Fleming and Murphy Desmond, S.C., Madison, and oral argument by Matthew J. Fleming.

For the defendants-respondent-cross-appellant, there was a brief by Lisa M. Lawless , Ross A. Anderson , Husch Blackwell, LLP, Milwaukee and Mark R. Sewell , Fitchburg City Attorney, and oral argument by Lisa M. Lawless .

An amicus curiae brief was filed by Thomas Larson , Madison for Wisconsin Realtors Association, NAIOP Wisconsin and the Wisconsin Builders Association.

An amicus curiae brief was filed by Ryan J. Walsh , Chief Deputy Solicitor General with whom on the brief was Brad D. Schimel , Attorney General and Misha Tseytlin , Solicitor General for Wisconsin Attorney General and Department of Justice.

An amicus curiae brief was filed by Daniel M. Olson , Madison for League of Wisconsin Municipalities.


¶ 1 Petitioner, McKee Family I, LLC ("McKee") appeals an unpublished decision of the court of appeals affirming a circuit court grant of summary judgment in favor of the City of Fitchburg.1 The court of appeals determined that McKee did not have a vested right under a planned development district...

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