Justia Wisconsin Supreme Court Opinion Summaries

The Supreme Court affirmed the decision of the circuit court denying summary judgment to Jacob Tetting and his insurer, concluding that Tetting, who was an occupant of a bar when he injured another person, was not an "other lawful occupant of real property" entitled to immunity.David Stroede was drinking at a bar when he punched another person. Jacob Tetting, an employee of the bar who was patronizing the bar with his family, grabbed Stroede, and when he released him, Stroede fell down some concrete stairs and suffered injuries. Stroede brought this action against Tetting, the bar, and the bar's insurer. Tetting and his homeowners insurance provider (together, Tetting) filed motions for summary judgment asserting that Tetting was entitled to immunity and did not owe a duty of care to Stroede. The circuit court decided that Tetting was not a "possessor of real property" under Wis. Stat. 895.529 and was therefore not entitled to immunity. The court of appeals reversed, concluding that Tetting was an "other lawful occupant" entitled to immunity. The Supreme Court reversed, holding that Tetting was not an "other lawful occupant of real property" under section 895.529 and was therefore not entitled to immunity. View "Stroede v. Society Insurance" on Justia Law

The Supreme Court affirmed the decision of the court of appeals holding that a diminution in property value that results from changing the grade of a highway abutting the property does not qualify as "damages to the lands" under Wis. Stat. 32.18.When the Department of Transportation (DOT) changed the grade of a highway that abuts United America, LLC's property, access to United America's property became less convenient. Therefore, the property's value decreased. United America brought this action alleging that section 32.18 entitled it to damages to its lands, property, and property value brought about by the change in grade. The circuit court entered judgment in favor of United America. The court of appeals reversed. The Supreme Court affirmed, holding that the plain meaning of "damages to the lands" in section 32.18 did not encompass United America's diminution in property value. View "United America, LLC v. Wisconsin Department of Transportation" on Justia Law

The Supreme Court reversed the judgment of the court of appeals affirming the ruling of the circuit court concluding that Defendant's request for a judicial substitution under Wis. Stat. 801.58(1) was untimely filed, holding that Defendant's substitution request was timely.This case stemmed from proceedings to commit Defendant as a sexually violent person under Wis. Stat. ch. 980. The morning of the probable cause hearing, Defendant's counsel filed a request under section 801.58(1) to substitute the circuit court judge. The circuit court denied the request, finding it to be untimely. The court of appeals affirmed. The Supreme Court reversed, holding that Defendant's substitution request was timely because his motion to adjourn was not a "preliminary contested matter" according to the accepted legal meaning of the phrase and because the circuit court heard no other such matter before Defendant filed his request. View "State v. Matthews" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's judgment convicting Defendant of operating or going armed with a firearm while intoxicated, holding that Defendant's argument that Wis. Stat. 941.20(1)(b) was unconstitutional as applied to him was without merit.Specifically, Defendant argued that the statute violated his right to armed self-defense under the Second Amendment, as held in District of Columbia v. Heller, 554 U.S. 570 (2008). The Supreme Court disagreed, holding (1) section 941.20(1)(d) is not violate the right of the Second Amendment because Defendant did not act in self-defense; and (2) the statute does not severely burden Defendant's Second Amendment right. View "State v. Christen" on Justia Law

The Supreme Court affirmed the decision of the court of appeals reversing in part the circuit court's determination that the price for certain property was $16.6 million and granting County Visions Cooperative fifteen days to exercise its right of first refusal at that price, holding that a circuit court may set an exercise price that exceeds the appraised value of the burdened property.The circuit court granted Country Visions specific performance of its right of first refusal to a property that Archer-Daniel-Midland Co. was attempting to sell. At issue was whether the circuit court correctly set the price at which Country Visions could exercise its right of first refusal. The court of appeals concluded that the circuit court did not err in how it determined the appropriate right of first refusal exercise price but remanded the case for a determination of whether the $16.6 million price included personal property. The Supreme Court affirmed, holding (1) the circuit court properly considered the unique synergies that the property provided when it set the exercise price higher than the appraised value; but (2) remand was necessary to determine whether the $16.6 million exercise price included more than what was called for in the right of first refusal contract. View "Country Visions Cooperative v. Archer-Daniels-Midland Co." on Justia Law

The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the circuit court denying The Mix Up's motion for temporary injunctive relief challenging Emergency Order 3 issued by the Department of Health Services (DHS) Secretary-designee, Andrea Palm, holding that the order met the definition of a rule and should have been promulgated according to statutory rulemaking procedures.Emergency Order 3 was issued as a response to the COVID-19 pandemic and limited the size of indoor public gatherings. Plaintiffs initiated this lawsuit, alleging that the order was a rule and that DHS did not undertake proper rulemaking procedures. The circuit court granted Plaintiffs' motion for an ex parte temporary injunction. The Mix Up was granted intervention and moved for a temporary injunction. The circuit court vacated the ex part order denying The Mix Up's motion for temporary injunctive relief. The court of appeals reversed, holding that the order was invalid and unenforceable as a matter of law. The Supreme Court affirmed, holding (1) Emergency Order 3 met the definition of a rule, and therefore, the order should have been promulgated according to rule making procedures set forth in Wis. Stat. ch. 227; and (2) therefore, Emergency Order 3 was not validly enacted and was unenforceable. View "Tavern League of Wisconsin, Inc. v. Palm" on Justia Law

The Supreme Court affirmed the decision of the court of appeals reversing the circuit court's writ of mandamus and contempt orders in this case, holding that Wis. Stat. 6.50(3) does not place a positive and plain duty on the Wisconsin Elections Commission to change the registration status of eligible voters when receiving reliable information that the elector moved out of their municipality.Petitioners sought a writ of mandamus against the Commission and its commissioners to carry out the instructions set forth in section 6.50(3) and change the registration of electors who may have moved. The circuit court granted the writ and later found several commissioners in contempt after the Commission failed to comply. The court of appeals reversed, concluding that the writ was erroneously granted. The Supreme Court affirmed, holding that the circuit court erred by issuing a writ of mandamus ordering the Commission to carry out the requirements of section 6.50(e) because the Commission has no statutory duty, and therefore, no plain and positive duty, to carry out the requirements of the statute. View "Zignego v. Wisconsin Elections Commission" on Justia Law

The Supreme Court reversed the decision of the circuit court reversing the decision of the circuit court granting summary judgment in favor of the Wisconsin Department of Transportation (DOT) and dismissing Plaintiff's action asserting that DOT's jurisdictional offer to purchase Plaintiff's land was invalid, holding that the jurisdictional offer was valid.In this complaint, Plaintiff argued that the jurisdictional offer was invalid because DOT failed to provide a proper initial appraisal. The Supreme Court affirmed the grant of summary judgment in favor of DOT, holding that the jurisdictional offer was valid because it was based upon an initial appraisal of all property proposed to be acquired pursuant to Wis. Stat. 32.05(2)(a)-(b) and (3)(e). View "Christus Lutheran Church of Appleton v. Wisconsin Department of Transportation" on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming the order of the circuit court requiring Polk Properties, LLC and its sole member (collectively, Polk) to pay forfeitures for zoning violations, damages for the Village of Slinger's lost property tax revenue, and fees, holding that Polk did not abandon its nonconforming use.At issue was whether Polk abandoned the legal nonconforming use of the subject property after its zoning classification was changed from agricultural to residential. The circuit court enjoined Polk from using the property for agricultural reasons and imposed forfeitures, a monetary judgment for real estate taxes, and an order authorizing special assessments, special charges, and fees to be levied against Polk. The Supreme Court reversed, holding that Polk's use of the property constituted a lawful nonconforming use for which Polk could not be penalized. View "Village of Slinger v. Polk Properties, LLC" on Justia Law

The Supreme Court held that the multiple states of emergency in response to the COVID-19 pandemic proclaimed in certain executive orders exceeded the powers of Governor Tony Evers and were therefore unlawful.After declaring a state of emergency related to COVID-19 in March 2020 Governor Evers issued executive orders, in July and September, declaring additional states of emergency. Petitioner brought this original action asking that the Supreme Court declare the second and third emergencies unlawful under Wis. Stat. 323.10. The Supreme Court declared these second and third emergencies unlawful, holding (1) Executive Orders #82 and #90, both of which declared a public health emergency in response to COVID-19, were unlawful under section 323.10; and (2) Executive Order #105, the declaration of a state of emergency now in effect, was unlawful as well. View "Fabick v. Evers" on Justia Law