(1) APPLICABILITY. This section applies to the appeal of a judgment or order under s. 781.10 (2) (d) 5. and supersedes all inconsistent provisions of this chapter.
809.108.Appeals in proceedings related to political subdivision approvals.
Ch. 809: Rules of Appellate Procedure · Last amended 2023 · Last verified July 15, 2026
In one sentenceSection 809.108 supersedes the general chapter 809 rules for appeals of a judgment or order under section 781.10(2)(d)5. concerning political subdivision approvals, setting its own briefing deadlines and requiring the court of appeals to give the appeal preference and decide it within 90 days after the reply brief is due.
Full Text of Section 809.108
(2) INITIATING AN APPEAL. A party may initiate an appeal under this section by filing a notice of appeal with the clerk of the circuit court in which the judgment or order appealed from was entered and shall specify in the notice of appeal the judgment or order appealed from.
(3) APPEAL PROCEDURE. Subsequent proceedings in an appeal under this section are governed by the procedures for civil appeals under this subchapter and the procedures under subch. VI, except as follows:
(a) The appellant shall file a brief within 30 days after the filing of the record on appeal.
(b) The respondent shall file a brief within 30 days after the service of the appellant’s brief.
(c) The appellant shall file within 15 days after the service of the respondent’s brief a reply brief or statement that a reply brief will not be filed.
(4) DECISION. The court of appeals shall give preference to an appeal under this section and shall take the appeal in an order that ensures that the court of appeals issues a decision no later than 90 days after the deadline under sub. (3) (c).
Plain-English Summary
Section 809.108 applies to appeals of a judgment or order entered under section 781.10(2)(d)5., which concerns political subdivision approvals, and it supersedes any inconsistent provisions elsewhere in chapter 809. A party starts the appeal the standard way, filing a notice of appeal with the circuit court clerk that identifies the judgment or order being appealed, but everything after that follows this section’s own compressed schedule instead of the general civil-appeal timeline.
Aside from the deadlines this section sets, the appeal is governed by the usual civil-appeal procedures and subchapter VI. The appellant’s brief is due 30 days after the record is filed, the respondent’s brief 30 days after that, and the appellant’s reply, or a statement that none will be filed, 15 days after the respondent’s brief. The court of appeals must give the appeal preference and issue its decision no later than 90 days after that reply-brief deadline, keeping the whole appellate process on a firm outer limit.
Frequently Asked Questions
What kind of case does Section 809.108 govern?
Appeals of a judgment or order under section 781.10(2)(d)5., which concerns political subdivision approvals.
How long does the appellant have to file a brief under this section?
The appellant must file a brief within 30 days after the filing of the record on appeal.
Does the court of appeals have to decide this kind of appeal by a set deadline?
Yes. The court of appeals must give preference to an appeal under this section and take it in an order that ensures a decision no later than 90 days after the deadline for the reply brief.
Do the ordinary civil appeal rules apply at all to a Section 809.108 appeal?
Yes. Subsequent proceedings are governed by the procedures for civil appeals under chapter 809 and the procedures under subchapter VI, except as this section specifically provides otherwise.
How is this appeal initiated?
A party files a notice of appeal with the clerk of the circuit court in which the judgment or order appealed from was entered, specifying that judgment or order.
Amendment History
History: 2023 a. 16.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin political subdivision approval appeal781.10 appeal wisconsin809.108 wisconsin statuteexpedited appeal political subdivision wisconsin90 day decision deadline wisconsin appeal