Park 6 LLC v. City of Racine
Park 6 LLC v. City of Racine
Opinion of the Court
¶ 1. This case is about a liquor license revocation in which the city council acted upon a citizen complaint that was not sworn, as required by statute. This constituted a fundamental error that deprived the licensing committee of jurisdiction over the matter. Therefore, the subsequent revocation of the liquor license was invalid. We affirm the circuit court's order vacating the licensing committee's decision to revoke the liquor license.
¶ 3. Holmes petitioned the circuit court for judicial review of the Council's decision, alleging that the City, Council, and Committee failed to act according to law when they acted upon an unsworn written complaint, that the City, Council, and Committee violated Holmes's due process rights by retaining a special prosecutor to draft a complaint and act as legal counsel for Wahlen, and that the City failed to act according to law by providing Wahlen with nonpublic information. The City, Council, Committee, and Wahlen
¶ 4. The sole issue on appeal is the effect of Wahlen's failure to swear to the complaint that initiated the license revocation procedure.
¶ 5. The City argues that the complaint did not "run afoul" of the oath requirement, and, if it did, any defect was cured by the due process proceedings, including Wahlen's sworn testimony at the hearing. The City
¶ 6. This is a certiorari review of the municipal decision to revoke Holmes's license. See Ottman v. Town of Primrose, 2011 WI 18, ¶ 34, 332 Wis. 2d 3, 796 N.W.2d 411 (certiorari is mechanism by which a court tests validity of municipal, administrative or lower-court decision). On certiorari, this court's review is limited to whether: (1) the municipality acted within its jurisdiction; (2) it acted according to law; (3) "its action was arbitrary, oppressive, or unreasonable and represented its will and not its judgment"; and (4) the evidence might reasonably call the municipality's determination into question. Id., ¶ 35. While certiorari review of a municipal body's decision carries a presumption of correctness, id., ¶ 48, the reviewing court gives no deference to a municipality's interpretation of a state statute. See id., ¶ 59 ("A court should not defer to a municipality's interpretation of a statewide standard."). Whether the municipality correctly interpreted a state statute is a question of law this court reviews de novo. Id., ¶ 54.
¶ 7. While it is undisputed that the complaint was not sworn, the City argues that, despite the lack of words such as "sworn," "upon oath," or "affirm," Wahlen's complaint "does not run afoul of the liquor law's 'sworn
¶ 8. In Washington, Hazel Washington refused to produce documents requested via subpoena duces tecum and was jailed for up to six months for contempt. Id. at 815. Among other things, Washington argued that the contempt proceeding against her was invalid because there was no "verified petition alleging misconduct," as required by state statute. Id. at 837-38. The majority in Washington held that although the formalities were not followed, Washington had "full notice of the contempt charge and full opportunity to make her defense," id. at 839, and therefore the formal petition was not necessary. The City argues that the Washington rationale is applicable to this case and that Wahlen's failure to swear to the complaint is a technical defect that was cured by the subsequent proceedings.
¶ 9. The difference between the contempt proceedings in Washington and the license revocation proceedings here lies in the safeguards present — and absent — in the initiation of the action. In Washington, the contempt complaint was initiated after considerable court proceedings, in which Washington was involved, regarding Washington's refusal to turn over the requested documents. Id. at 813-15 (service with subpoena duces tecum, letters from Washington to the court indicating she would not produce documents,
¶ 10. The City urges that there were adequate safeguards against untruthfulness in this proceeding because Wahlen is the chief of police. The City points to caselaw and the Racine municipal code to show us that police officers tell the truth. While we have no reason to doubt Wahlen's honesty, he did not make the complaint as chief of police; the first paragraph of the complaint states: "I am Kurt Wahlen, and I am a resident of the City of Racine. . . and make this Complaint... as a resident of the City of Racine." Safeguards applicable to Wahlen as chief of police do not cloak him with trustworthiness when he acts as a private citizen.
¶ 11. An oath or swearing requirement is important. The solemnity imposed by an oath requires the actor to stop and consider the allegations he or she is making. Under Wis. Stat. § 125.12(2), requiring a complainant to swear to his or her allegations prevents baseless harassment of legitimate businesses. An oath requirement is not a meaningless legal trapping. In the
¶ 12. Wisconsin Stat. § 125.12(2) establishes minimal due process safeguards against untrustworthy attacks on a liquor licensee's livelihood. The City did not follow them. We therefore affirm the decision of the circuit court.
By the Court. — Order affirmed.
All references to the Wisconsin Statutes are to the 2009-10 version unless otherwise noted.
The defendants-appellants are sometimes referred to collectively as the City.
The City challenges the circuit court's determination that the revocation proceedings deprived Holmes of due process. Holmes did not respond to the City's due process argument. The due process issue has thus been conceded, and we do not address it. See Raz v. Brown, 2003 WI 29, ¶ 25, 260 Wis. 2d 614, 660 N.W.2d 647.
Reference
- Full Case Name
- Park 6 LLC and Thomas J. Holmes, d/b/a Park 6, Plaintiffs-Respondents v. City of Racine, City of Racine Common Council, City of Racine Public Safety and Licensing Committee and KurtWahlen
- Cited By
- 4 cases
- Status
- Published