Ordinances & Resolutions FAQ 6

Is there a time limit for challenging an ordinance based on procedural errors?

Yes. Wisconsin Statute § 889.04 significantly limits the time for challenging the validity of an ordinance based on procedural errors. Specifically, § 889.04 provides that an ordinance entered or recorded in a city or village ordinance or record book pursuant to § 62.09(11)(c) or § 61.25(3) or printed in any newspaper, book, pamphlet, or other form purporting to be so published, entered or recorded by any city or village as a copy of its ordinance, bylaw, resolution, or regulation is conclusive proof of the regularity of the adoption and publication of the ordinance, bylaw, resolution, or regulation after three (3) years from the date of such publication, entry, or recording. Although the statute conclusively presumes regularity of adoption and publication of ordinance, it does not conclusively establish an ordinance’s validity. Kenosha County v. Town of Paris, 148 Wis. 2d 175, 434 N.W.2d 801 (Ct. App. 1988).

(rev. 11/21)