Convenience Store Leasing & Management v. Annapurna Marketing (Frustration of Purpose)
Date Thu, Aug. 15, 2019 - 3:34pm By Hamilton
In Convenience Store Leasing & Management v. Annapurna Marketing (2017AP1505), the Court of Appeals District II held defendants could not prove frustration of purpose excused breach of their fuel supply agreement with the plaintiff. After purchasing a gas station, plaintiff Bulk Petroleum Corp. entered into a fuel supply agreement with defendants Annapurna (AP) Marketing. The […]
Eco-Site, LLC v. Town of Cedarburg (Conditional Use Permit for Cell Tower)
Date Thu, Aug. 15, 2019 - 3:33pm By Hamilton
In Eco-Site, LLC v. Town of Cedarburg (2018AP580), the Court of Appeals District II upheld a town’s denial of a conditional use permit for a cell tower. Eco-Site and T-Mobile applied to the Town of Cedarburg for a conditional use permit to place a cell tower on a horse farm in the town. The desired […]
Garfield Baptist Church v. City of Pewaukee (Municipal Fees)
Date Thu, Aug. 15, 2019 - 3:28pm By Hamilton
In Garfield Baptist Church v. City of Pewaukee (2018AP673), the Court of Appeals District II held that entities must challenge municipal sewerage and storm water fees with the Public Service Commission (PSC), not in circuit court. Furthermore, the burden of proving that municipal fees do not bear a “reasonable relationship” to the services provided should […]
Papa v. DHS (Administrative Rules)
Date Thu, Aug. 15, 2019 - 3:27pm By Hamilton
In Papa v. DHS (2016AP2082/2017AP634), the court held that a challenge to a Wisconsin Department of Health Services (DHS) policy failed because the policy was not an administrative rule with the force of law. Medicaid-certified nurse Kathleen Papa and Professional Homecare Providers, Inc. (PHP) filed the instant claim against DHS regarding Topic #66 in DHS’s […]
Tarrant v. DHS (Medicaid Eligibility)
Date Thu, Aug. 15, 2019 - 3:26pm By Hamilton
In Tarrant v. DHS (2018AP1299), the Court of Appeals District II held that testamentary trusts are countable unearned income for determining Medicaid eligibility. The state Department of Health Services (DHS) denied Christine Tarrant’s application to renew medical assistance because her monthly payments from a testamentary trust combined with other income exceeded Medicaid eligibility limits. Tarrant […]
Secura Insurance v. Super Products, LLC (Economic Loss Doctrine)
Date Thu, Aug. 15, 2019 - 3:24pm By Hamilton
In Secura Insurance v. Super Products, LLC (2018AP1600), the Court of Appeals District II held that the economic loss doctrine bars recovery for damage to contracted property, even if there was injury to other property. Wisconsin Utility Exposure purchased an excavator from Super Products. The excavator caused a fire that damaged the excavator itself and […]
Justice Brian Hagedorn Sworn Into Wisconsin Supreme Court
Date Thu, Aug. 15, 2019 - 3:21pm By Hamilton
Newly elected Justice Brian Hagedorn was sworn into the Wisconsin Supreme Court on Aug. 1, 2019, with his public investiture and swearing in ceremony held at the state capitol this week. Hagedorn, replacing retired Justice Shirley Abrahamson, will serve a 10 year term on the court. Justice Hagedorn’s swearing in shifts the court from a […]
Status of Gov. Evers Appointments
Date Thu, Aug. 8, 2019 - 11:35am By Hamilton
UPDATED: 8/13/19 After Gov. Tony Evers’s inauguration in January, the governor began appointing cabinet secretaries and staff for his new administration. The appointments are still making their way through the Senate for confirmation. While none have been confirmed by the full Senate, all but one of fifteen cabinet secretaries have had public hearings, and eight […]
2020 Candidacy Announcements Begin in Wisconsin
Date Thu, Aug. 8, 2019 - 11:27am By Hamilton
The 2020 elections may feel like the distant future, but candidates in Wisconsin are already beginning to make decisions regarding races next November. President Donald Trump and several candidates in the Democratic presidential primary seeking to challenge him have already visited the state, which could be key to winning the 2020 presidential election. Additionally, several […]
PFAS Update: DNR & AG Kaul Actions, Industry Response to DHS Standards
Date Wed, Aug. 7, 2019 - 10:36am By Hamilton
The Wisconsin Water Quality Coalition recently submitted a letter and comments to the Wisconsin Department of Health Services (DHS) in response to recommended strict groundwater standards for two PFAS chemicals, PFOA and PFOS. If promulgated as an enforceable rule, the standards would be costly to Wisconsin industry and would open up the state for frivolous lawsuits. In addition to […]