Articles Posted in Civil Procedure

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The thirty-day period under Wis. Stat. 68.13(1) during which certiorari review may be obtained for a town board’s highway order to lay out, alter, or discontinue a highway begins to run on the date that the highway order is recorded by the register of deeds. In this case, the circuit court granted the town boards’ motions to dismiss Appellant’s petitions for certiorari review of highway orders recorded in Rock and Walworth Counties. The Supreme Court reversed and remanded for certiorari review in either Walworth County Circuit Court or Rock County Circuit Court because Appellant’s petitions were filed within thirty days of the dates on which the highway orders were recorded by the registers of deeds. View "Pulera v. Town of Richmond" on Justia Law

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St. Croix County petitioned to terminated Mother’s parental rights to her Son, alleging that Son was a child in continuing need of protection or services (CHIPS) and that Mother failed to assume parental responsibility. The circuit court terminated Mother’s parental rights to Son. Citing Waukesha County v. Steven H., the court of appeals reversed, ruling that because the last order Mother received did not contain written notice warning her about termination, the County failed to establish the notice element required under Wis. Stat. 48.415(2)(a)(1). The Supreme Court reversed after clarifying Steven H., holding that the notice Mother received satisfied the statutory notice requirement in a termination of parental rights action based on continuing CHIPS, and the evidence was sufficient to support the remaining elements of continuing CHIPS set forth in Wis. Stat. 48.415(2). View "St. Croix County Dep’t of Health & Human Servs. v. Michael D." on Justia Law

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Plaintiff sustained personal injury and property damage in a car accident with Defendant, a State employee. Plaintiff delivered notice of claim to the attorney general by personal service and then instituted a negligence action against Defendant. Defendant filed a motion to dismiss, arguing that Sorenson did not strictly comply with Wis. Stat. 893.82, which requires service of notice of claim on the attorney general by certified mail. The circuit court denied Defendant’s motion to dismiss, concluding that service was proper. The court of appeals reversed, holding that delivering notice by personal service does not comply with the plain language of section 893.82(5). View "Sorenson v. Batchelder" on Justia Law