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 […]
Bills on Notice of Claim, Pleading Procedures Moving in the Legislature
Date Tue, Jul. 23, 2019 - 3:40pm By Hamilton
Two bills that would make changes to Wisconsin procedures for service of certain documents are moving in the Wisconsin Legislature. The bills, authored by Rep. Ron Tusler (R-Harrison) and Sen. Fred Risser (D-Madison), passed the Assembly in June. The Senate Committee on Insurance, Financial Services, Government Oversight & Courts held a public hearing on the […]
Wisconsin Redistricting Case Dismissed Following U.S. Supreme Court Decision
Date Tue, Jul. 23, 2019 - 3:37pm By Hamilton
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 […]
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 […]