In Wisconsin & Milwaukee Hotel, LLC v. City of Milwaukee (2018AP1744), the Court of Appeals District I upheld property tax assessments of a downtown Milwaukee hotel. Wisconsin & Milwaukee Hotel (WMH) owns and operates the Milwaukee Marriott Downtown. The city assessor valued the property at $24 million in 2014 and $37 million in 2015. WMH […]
Wisconsin & Milwaukee Hotel, LLC v. City of Milwaukee (Property Tax Assessment)
Date Sun, Oct. 13, 2019 - 6:53pm By Hamilton
Paul R. Ponfil Trust v. Charmoli Holdings, LLC (Settlement Agreement)
Date Sun, Oct. 13, 2019 - 6:52pm By Hamilton
In Paul R. Ponfil Trust v. Charmoli Holdings, LLC (2018AP1321), the Court of Appeals District II held that a settlement agreement was unenforceable because it lacked agreement on material terms. During the course of this action, the Trust and Charmoli signed a “Mediation Settlement Agreement,” which included five paragraphs of terms related to their joint […]
Supreme Court Oral Arguments – September 2019
Date Sun, Oct. 13, 2019 - 6:50pm By Hamilton
The Wisconsin Supreme Court held oral arguments on several notable cases in September. (Calendar and case synopses.) Issues before the court included legal nonconforming uses, successor liability, and annexation. Lamar Central Outdoor, LLC v. Division of Hearings & Appeals (Legal Nonconforming Use) – Sept. 4 This case will review whether the enlargement of a […]
Supreme Court Oral Arguments – October 2019
Date Sun, Oct. 13, 2019 - 5:55pm By Hamilton
The Wisconsin Supreme Court is in the midst of a busy month of oral arguments. Cases heard this month include the second case litigating the 2018 extraordinary session legislation, insurance issues, employee wages, and misrepresentation claims. Hinrichs v. DOW Chemical Co. (Fraudulent Representation) – Oct. 3 This case involves a dispute between a manufacturer […]
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 […]