The U.S. Supreme Court recently held in Rucho v. Common Cause that partisan gerrymandering claims are nonjusticiable political questions. As a result, plaintiffs and defendants agreed to dismiss the redistricting case Gill v. Whitford, which challenged Wisconsin’s state legislative district maps. The 5-4 Supreme Court decision dismissed the plaintiffs’ arguments that redistricting maps in North […]
Wisconsin Redistricting Case Dismissed Following U.S. Supreme Court Decision
Date Tue, Jul. 23, 2019 - 3:37pm By Hamilton
Enbridge Energy Co., Inc. v. Dane County (Conditional Use Permit)
Date Tue, Jul. 23, 2019 - 3:33pm By Hamilton
In Enbridge Energy Co., Inc. v. Dane County (2019 WI 78), the Wisconsin Supreme Court held that counties may not include unenforceable permit conditions on conditional use permits. Dane County issued Enbridge Energy a conditional use permit to expand the volume of oil pumped through a local Enbridge pipeline. The permit contained conditions requiring Enbridge to […]
L.G. v. Aurora Residential Alternatives, Inc. (Compelled Arbitration)
Date Tue, Jul. 23, 2019 - 3:31pm By Hamilton
In L.G. v. Aurora Residential Alternatives, Inc. (2019 WI 79), the Wisconsin Supreme Court held that a circuit court’s order denying a motion to compel arbitration is a final order under Wis. Stat. § 808.03(1), allowing the order to be appealed. The plaintiff patient filed the underlying lawsuit in this case against Aurora regarding an […]
Pranke Holding LLC v. DOT (Eminent Domain)
Date Tue, Jul. 23, 2019 - 3:30pm By Hamilton
In Pranke Holding LLC v. DOT (2018AP1646), the Court of Appeals District I held that a business was not due rental losses after an eminent domain taking on its property. The Department of Transportation (DOT) acquired part of Pranke Holding’s property through eminent domain. The taking closed off one of four access points to the […]
Mallett v. LIRC (Worker’s Compensation)
Date Tue, Jul. 23, 2019 - 3:29pm By Hamilton
In Mallett v. LIRC (2017AP1601), the Court of Appeals District I held that part of a worker’s compensation claim was barred by issue preclusion but directed further litigation on the plaintiff’s other claims. Gregory Mallett filed and received awards for worker’s compensation claims in both 1981 and 1983. LIRC denied a 2007 claim that the […]
Park Meadows Homes Association, Inc. v. American Family Mutual Insurance Co. (Compelled Appraisal)
Date Tue, Jul. 23, 2019 - 3:26pm By Hamilton
In Park Meadows Homes Association, Inc. v. American Family Mutual Insurance Co. (2018AP1484), the Court of Appeals District I held that American Family could invoke a policy’s appraisal clause after litigation began and did not breach its contract or act in bad faith. Park Meadows submitted a claim to its insurer American Family for property […]
Jossund v. Heim Plumbing, Inc. (Fraudulent Misrepresentation)
Date Tue, Jul. 23, 2019 - 3:24pm By Hamilton
In Jossund v. Heim Plumbing, Inc. (2018AP209), the Court of Appeals District II allowed fraudulent misrepresentation claims against US Bank to proceed because the complaint alleged misrepresentation by US Bank’s agent. Benjamin and Kristina Jossund purchased a house through US Bank. When they found defects in the plumbing, they filed the instant lawsuit against the […]
Village of Slinger v. Polk Properties, LLC (Property Zoning & Assessment)
Date Tue, Jul. 23, 2019 - 3:22pm By Hamilton
In Village of Slinger v. Polk Properties, LLC (2017AP2244), the Court of Appeals District II held that agricultural use of a residentially zoned property was not a legal nonconforming use, so the village was entitled to recover daily forfeitures and the value of residential taxes on the land. The case arises from the same underlying […]
Hanning Regency LLC v. Town of Brookfield Board of Review (Property Assessment)
Date Tue, Jul. 23, 2019 - 3:21pm By Hamilton
In Hanning Regency LLC v. Town of Brookfield Board of Review (2018AP1584), the Court of Appeals District II held that the Town of Brookfield proceeded on an incorrect theory of law when assessing a commercial property. The year after Hanning Regency bought commercial properties in Brookfield, the town reassessed the properties for tax purposes at […]
Rosneck v. LIRC (Employment Discrimination)
Date Tue, Jul. 23, 2019 - 3:20pm By Hamilton
In Rosneck v. LIRC (2018AP1179), the Court of Appeals District IV upheld a Labor and Industry Review Commission (LIRC) decision that the University of Wisconsin-Madison did not discriminate against employee Karen Rosneck when it declined to reclassify her position. During a state reallocation survey of library services assistant positions, Roscneck requested administrators reclassify her from […]