Town of Delafield v. Centra Transport Kriewaldt (Federal Preemption of Weight Limits)

In Town of Delafield v. Centra Transport Kriewaldt (2020 WI 61), the Wisconsin Supreme Court held that federal transportation law does not preempt the town’s seasonal weight restriction on certain roads.   Facts Delafield posted signs identifying a seasonal weight restriction prohibiting vehicles over six tons from driving on designated town roads. A Central Transport […]

Continue Reading ›

Supreme Court Accepts Municipal Shoreline Zoning Authority Case

On June 22, the Wisconsin Supreme Court accepted three new cases. In addition to two criminal cases, the court accepted Anderson v. Town of Newbold, which will determine whether municipalities can enact shoreline frontage requirements under their subdivision authority, notwithstanding statewide zoning authority requirements in statute. Wisconsin law prohibits towns from enacting shoreland zoning ordinances […]

Continue Reading ›

Quick Charge Kiosk, LLC v. Josh Kaul (Gambling Statutes)

In Quick Charge Kiosk, LLC v. Josh Kaul (2020 WI 54), a unanimous Wisconsin Supreme Court held that gaming and cell phone charging machines operated by Quick Charge violate Wisconsin gambling statutes. The Quick Charge machines allow customers who insert a dollar in the machine to receive one minute of charging time and 100 credits […]

Continue Reading ›

Brey v. State Farm Mutual Automobile Insurance Co. (UIM Coverage)

*This case is recommended for publication.   In Brey v. State Farm Mutual Automobile Insurance Co. (2019AP1320), the Court of Appeals District IV held that Wisconsin law requires underinsured motorist (UIM) policies to cover any bodily injury, not just bodily injury to an insured. Plaintiff Brey filed this lawsuit against his insurer State Farm seeking […]

Continue Reading ›

Hartland Sportsmen’s Club, Inc. v. City of Delafield (Conditional Use Permit)

*This case is recommended for publication.   In Hartland Sportsmen’s Club, Inc. v. City of Delafield (2019AP740), the Court of Appeals District II upheld a conditional use permit for a sport shooting range in Delafield. Hartland Sportsmen’s Club (HSC) sought a conditional use permit from Delafield to continue to operate a shooting range. A previous […]

Continue Reading ›

Coolidge A LLC v. City of Waukesha (Governmental Immunity)

In Coolidge A LLC v. City of Waukesha (2018AP1441), the Court of Appeals District II held that the city and its contractor were entitled to governmental immunity when a public works project allegedly damaged an apartment building. Coolidge owns an apartment building constructed on top of a former landfill. The City of Waukesha contracted with […]

Continue Reading ›

Suhs v. Proassurance Casualty Co. (Medical Negligence)

In Suhs v. Proassurance Casualty Co. (2019AP1062), the Court of Appeals District III dismissed a medical negligence case because the plaintiff failed to provide sufficient evidence of damages caused by a surgeon’s alleged negligence. Plaintiff Suhs went to the emergency room with severe back pain that was diagnosed as a nervous condition requiring surgery. The […]

Continue Reading ›

Sierra v. Boston (Negligent Training & Supervision)

In Sierra v. Boston (2019AP94), the Court of Appeals District II dismissed the plaintiff’s claims of negligent training and supervision. Plaintiff Sierra took a friend to defendant Boston’s dental clinic for a procedure. After the procedure, Sierra asked for narcotics for her friend and a confrontation ensured when staff denied her request. Boston called the […]

Continue Reading ›

Milwaukee Block 10 Properties, LLC v. City of Milwaukee (Property Tax Assessment)

In Milwaukee Block 10 Properties, LLC v. City of Milwaukee (2019AP1424), the Court of Appeals District I upheld the property tax assessment for the Aloft Hotel in Milwaukee. Milwaukee Block 10 Properties filed this lawsuit challenging its 2016 property tax assessment for the Aloft Hotel and seeking a refund of around $200,000. Block 10 argued […]

Continue Reading ›

Uneeda Rest, LLC v. Hexum (Insurance Coverage)

In Uneeda Rest, LLC v. Hexum (2019AP1357), the Court of Appeals District III held there was no initial grant of coverage because the property damage did not constitute an “occurrence” under the insurance policy at issue. Jake Westerhof is a member of Uneeda Rest, which owns property adjacent to Rick Hexum. When Westerhof hired contractors […]

Continue Reading ›