Town of Delafield v. Centra Transport Kriewaldt (Federal Preemption of Weight Limits)
Date Tue, Jun. 30, 2020 - 2:29pm By Hamilton
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 […]
Supreme Court Accepts Municipal Shoreline Zoning Authority Case
Date Mon, Jun. 29, 2020 - 11:08am By Hamilton
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 […]
Quick Charge Kiosk, LLC v. Josh Kaul (Gambling Statutes)
Date Mon, Jun. 29, 2020 - 11:03am By Hamilton
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 […]
Brey v. State Farm Mutual Automobile Insurance Co. (UIM Coverage)
Date Thu, Jun. 25, 2020 - 5:06pm By Hamilton
*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 […]
Hartland Sportsmen’s Club, Inc. v. City of Delafield (Conditional Use Permit)
Date Thu, Jun. 25, 2020 - 5:03pm By Hamilton
*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 […]
Coolidge A LLC v. City of Waukesha (Governmental Immunity)
Date Thu, Jun. 25, 2020 - 5:02pm By Hamilton
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 […]
Suhs v. Proassurance Casualty Co. (Medical Negligence)
Date Thu, Jun. 25, 2020 - 5:01pm By Hamilton
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 […]
Sierra v. Boston (Negligent Training & Supervision)
Date Thu, Jun. 25, 2020 - 4:59pm By Hamilton
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 […]
Milwaukee Block 10 Properties, LLC v. City of Milwaukee (Property Tax Assessment)
Date Thu, Jun. 25, 2020 - 4:58pm By Hamilton
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 […]
Uneeda Rest, LLC v. Hexum (Insurance Coverage)
Date Thu, Jun. 25, 2020 - 4:54pm By Hamilton
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 […]