Merkel v. Village of Germantown

In Merkel v. Village of Germantown, 218 Wis. 2d 572, 581 N.W.2d 552 (Ct. App. 1998), the Court held that the trial court erred by going beyond the certiorari petition to consider other errors that the respondent argued had occurred. See Merkel, 218 Wis. 2d at 579-80. Apparently if those other errors were fixed, the petitioners' claims would have been mooted or eviscerated. The Court said that the trial court's review should have been confined to the errors alleged by the petitioners, rather than looking at the respondent's defense based on other alleged errors. Merkel does not stand for the proposition that a certiorari petitioner is limited to arguing only those issues set forth in the petition itself.