Supreme Court Oral Arguments – September 2019

The Wisconsin Supreme Court held oral arguments on several notable cases in September. (Calendar and case synopses.) Issues before the court included legal nonconforming uses, successor liability, and annexation.   Lamar Central Outdoor, LLC v. Division of Hearings & Appeals (Legal Nonconforming Use) – Sept. 4 This case will review whether the enlargement of a […]

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Supreme Court Oral Arguments – October 2019

The Wisconsin Supreme Court is in the midst of a busy month of oral arguments. Cases heard this month include the second case litigating the 2018 extraordinary session legislation, insurance issues, employee wages, and misrepresentation claims.   Hinrichs v. DOW Chemical Co. (Fraudulent Representation) – Oct. 3 This case involves a dispute between a manufacturer […]

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Convenience Store Leasing & Management v. Annapurna Marketing (Frustration of Purpose)

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 […]

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Eco-Site, LLC v. Town of Cedarburg (Conditional Use Permit for Cell Tower)

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 […]

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Garfield Baptist Church v. City of Pewaukee (Municipal Fees)

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 […]

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Papa v. DHS (Administrative Rules)

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 […]

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Tarrant v. DHS (Medicaid Eligibility)

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 […]

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Secura Insurance v. Super Products, LLC (Economic Loss Doctrine)

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 […]

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Justice Brian Hagedorn Sworn Into Wisconsin Supreme Court

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 […]

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Bills on Notice of Claim, Pleading Procedures Moving in the 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 Assembly in June. The Senate Committee on Insurance, Financial Services, Government Oversight & Courts held a public hearing on the […]

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