The Wisconsin Supreme Court accepted three new cases this past week. Of particular note: Stroede v. Society Insurance and Village of Slinger v. Polk Props., LLC.
In Stroede v. Society Insurance (2018AP1880/2018AP2371), the Court of Appeals, District I found the defendant immune from liability for a trespasser’s injury because the defendant was a “lawful occupant” on the premises where the incident occurred. The Supreme Court will address the issue of the meaning of “lawful occupant” as used in Wis. Stat. § 895.529, Civil liability limitation; duty of care owed to trespassers.
Meanwhile, 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 facts addressed in the 2018 Supreme Court decision Thoma v. Village of Slinger.
In this case, the Supreme Court will address whether Polk affirmatively abandoned the the right to a non-conforming land use on the property and whether the trial court could require a reassessment of property taxes as damages, among other possible errors.