Village of Slinger v. Polk Properties, LLC (Property Zoning & Assessment)

In Village of Slinger v. Polk Properties, LLC (2017AP2244), the Court of Appeals District II held that agricultural use of a residentially zoned property was not a legal nonconforming use, so the village was entitled to recover daily forfeitures and the value of residential taxes on the land. The case arises from the same underlying […]

Continue Reading ›

Hanning Regency LLC v. Town of Brookfield Board of Review (Property Assessment)

In Hanning Regency LLC v. Town of Brookfield Board of Review (2018AP1584), the Court of Appeals District II held that the Town of Brookfield proceeded on an incorrect theory of law when assessing a commercial property. The year after Hanning Regency bought commercial properties in Brookfield, the town reassessed the properties for tax purposes at […]

Continue Reading ›

Rosneck v. LIRC (Employment Discrimination)

In Rosneck v. LIRC (2018AP1179), the Court of Appeals District IV upheld a Labor and Industry Review Commission (LIRC) decision that the University of Wisconsin-Madison did not discriminate against employee Karen Rosneck when it declined to reclassify her position. During a state reallocation survey of library services assistant positions, Roscneck requested administrators reclassify her from […]

Continue Reading ›

Anderson v. DFI (Due Process)

In Anderson v. DFI (2017AP1670), the Court of Appeals District II held that the Department of Financial Institutions’s (DFI) notice to the plaintiff regarding his liability for involvement in illegal securities transactions violated constitutional due process. DFI sent plaintiff Gregory Anderson a notice alleging that he was engaging in illegal securities transactions. The notice informed […]

Continue Reading ›

Correa v. Wooodman’s Food Market (Personal Injury)

In Correa v. Wooodman’s Food Market (2018AP1165), the Court of Appeals District I held that a plaintiff who slipped and fell in a grocery store lacked sufficient evidence to establish the store had constructive notice of the hazard. Jose Correa slipped and fell on an unidentified substance in a Woodman’s store and subsequently filed negligence […]

Continue Reading ›

Wisconsin Supreme Court Rules Extraordinary Session Laws Constitutional in League of Women Voters Decision

In a 4-3 decision on June 21, the Wisconsin Supreme Court affirmed that the Legislature’s 2018 extraordinary session was constitutional in League of Women Voters v. Evers (2019 WI 75), thus upholding 2017 Acts 368, 369, and 370 and the confirmation of 82 appointments.   Background The Wisconsin Legislature passed three laws limiting the power […]

Continue Reading ›

Wisconsin Supreme Court Accepts New Cases

The Wisconsin Supreme Court recently accepted several new cases. Cases of note include:   Chris Hinrichs v. DOW Chemical Company (2017AP2361) – Fraudulent Misrepresentation In this case, Hinrichs’s company used a malfunctioning DOW Chemical adhesive, which negatively affected the company’s sales. Hinrichs filed misrepresentation claims, which the court of appeals dismissed on the basis of […]

Continue Reading ›

Pinter v. Village of Stetsonville (Governmental Immunity)

In Pinter v. Village of Stetsonville (2019 WI 74), a 4-3 Wisconsin Supreme Court held that a village’s oral policy related to wastewater processes did not create a ministerial duty exempting it from governmental immunity protections. Furthermore, expert testimony was required for the plaintiff to proceed with a public nuisance claim against the village.   […]

Continue Reading ›

Rural Mutual Insurance Co. v. Lester Buildings, LLC (Subrogation Waiver)

In Rural Mutual Insurance Co. v. Lester Buildings, LLC (2019 WI 70), the Wisconsin Supreme Court determined that a subrogation waiver did not violate Wis. Stat. § 895.447, which provides that any provision to limit tort liability in a construction contract is against public policy and void. Jim Herman, Inc. and Lester Building entered into […]

Continue Reading ›

David Paynter v. ProAssurance Wisconsin Insurance Co. (Borrowing Statute in Medical Malpractice)

In David Paynter v. ProAssurance Wisconsin Insurance Co. (2019 WI 65), the Wisconsin Supreme Court held that in medical malpractice cases where a misdiagnosis causes latent, continuous injury, the plaintiff’s first injury determines whether the action is a “foreign cause of action” under Wisconsin’s statute applying foreign statutes of limitation (Wis. Stat. § 893.07), also known […]

Continue Reading ›