Christus Lutheran Church of Appleton v. DOT (Condemnation of Property)

In Christus Lutheran Church of Appleton v. DOT (2018AP1114), the Court of Appeals District III held that when the Department of Transportation (DOT) independently decides to include additional items of compensation in a jurisdictional offer for property condemnation, DOT must obtain a new appraisal supporting the new items in the offer. DOT sought to take […]

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Bills on Notice of Claim, Pleading Procedures Pass Legislature

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 Senate this week after passing the Assembly in June. Now, the bills go to the governor’s desk for signature before […]

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Chief Justice Highlights Business Court in 2019 State of the Judiciary

On Nov. 6, Wisconsin Supreme Court Chief Justice Patience Roggensack delivered the 2019 State of the Judiciary address. The Chief Justice’s remarks highlighted several initiatives in the 2019-21 state budget and the success of Wisconsin’s Commercial Docket (a.k.a. Business Court) Pilot project that began in July 2017. The Chief Justice gave examples of the success […]

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Multi-State Actions by AG Kaul

Since taking office at the beginning of 2019, Wisconsin Attorney General Josh Kaul has announced the state’s participation in several multistate actions covering various issues. The actions include comments challenging federal administration proposals, investigations into corporations, and multistate lawsuits and amicus briefs. Below is an update on notable multistate actions in which Wisconsin is participating: […]

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Supreme Court Oral Arguments – November 2019

The Wisconsin Supreme Court held oral arguments on Monday, Nov. 4 and will also hold oral arguments on Monday, Nov. 25. Cases of note include:   Mueller v. TL90108, LLC (Wrongful Taking and Detention) – Nov. 4 In this case, the Supreme Court will determine what constitutes the “cause of action” in a wrongful taking […]

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Supreme Court Accepts New Cases

The Wisconsin Supreme Court recently accepted several new cases, including Wisconsin Institute for Law & Liberty’s challenge to the governor’s partial veto power on appropriations bills.   Correa v. Woodman’s Food Market – Personal Injury This case will address the standards of proof for establishing constructive notice of a hazard and the determinations a jury […]

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Link v. Link (Fair Value & Corporate Misappropriation)

In Link v. Link (2018AP1715), the Court of Appeals District III addressed fair value and corporate misappropriation claims among the owners of Link Snacks and various related entities, which sell and distribute meat products. Jack, Troy, and Jay Link together owned various related entities including Link Snacks, Link Global, and its subsidiary Link Canada. When […]

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DOR v. Microsoft Corp. (Franchise Tax on Software)

In DOR v. Microsoft Corp. (2018AP2024), the Court of Appeals District IV held that Microsoft’s royalties from software sales to manufacturers outside of Wisconsin, whose products are used in Wisconsin, should not be used in calculating Microsoft’s Wisconsin tax liability. Microsoft sells its software to manufacturers like Dell and HP, who manufacture computers containing the […]

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Anderson v. Town of Newbold (Shoreline Zoning & Subdivision Authority)

In Anderson v. Town of Newbold (2018AP547), the Court of Appeals District III held that towns may enact shoreland frontage requirements under their subdivision authority, even though state law prohibits towns from enacting those requirements under their zoning authority. Wisconsin law prohibits towns from enacting shoreland zoning ordinances (Wis. Stat. § 59.692). However, towns do […]

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Polk Properties, LLC v. Grota Appraisals, LLC (Claim Preclusion in Property Assessment)

In Polk Properties, LLC v. Grota Appraisals, LLC (2018AP2296-FT), the Court of Appeals District II held that claim preclusion barred the plaintiff’s negligence and misrepresentation claims against an assessor, after the Supreme Court had previously upheld the assessment challenge in a separate action. In 2018, the Wisconsin Supreme Court upheld the Village of Slinger’s reclassification […]

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