2020 Wisconsin Statutes & Annotations
Chapter 893. Limitations of commencement of actions and proceedings; procedure for claims against governmental units.
893.73 Actions contesting governmental decisions.

893.73 Actions contesting governmental decisions.

(1) The following actions are barred unless brought within 180 days after the adoption of the order, resolution, ordinance or ordinance amendment contested:

(a) An action to contest the validity of a county zoning ordinance or amendment, if s. 59.69 (14) applies to the action.

(b) An action to review the validity of proceedings for division or dissolution of a town under s. 60.03.

(2) The following actions are barred unless brought within 90 days after the adoption of the order, annexation ordinance or final determination of the action contested:

(a) An action under s. 60.73 contesting an act of a town board or the department of natural resources in the establishment of a town sanitary district.

(b) An action to contest the validity of an annexation, if s. 66.0217 (11) applies to the action.

History: 1979 c. 323; 1981 c. 346; 1983 a. 532; 1995 a. 201; 1999 a. 150 s. 672; 2003 a. 214.

NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.

Judicial Council Committee's Note, 1979: This section has been created to consolidate into one provision of ch. 893 six types of actions presently outside of the chapter involving the contesting of governmental decisions. The actions have been broken down into 2 separate categories, those which must be commenced within 180 days of the adoption of the governmental decision and those that must be commenced within 90 days of the decision.

The previous 180-day period within which to contest a county zoning ordinance or amendment remains unchanged.

The one-year period in which to commence an action to contest the proceedings to constitute or divide a town has been shortened to 180 days (see note following s. 60.05 (4)). The previous 180-day time period to commence an action contesting the validity of the creation of a soil and water district remains unchanged (see note following s. 92.16).

The previous 20-day period to commence an action to set aside an action of a town board to establish a sanitary district has been increased to 90 days (see note following s. 60.304).

The previous 60-day period within which to commence an action to contest the validity of an annexation has been increased to 90 days (see note following s. 66.021 (10) (a)).

The 90-day period to commence an action contesting the validity of an order regarding a highway or highway records remains unchanged (see note following s. 80.34 (2)). [Bill 326-A]

Under sub. (2), “adoption" refers to a legislative body's approval of an annexation ordinance. The statute of limitations begins to run on that date. Town of Sheboygan v. City of Sheboygan, 150 Wis. 2d 210, 441 N.W.2d 752 (Ct. App. 1989).