Wisconsin Supreme Court accepts two new cases

Madison, Wisconsin - March 20, 2019

The Wisconsin Supreme Court has voted to accept two new cases, and the Court acted to deny review in a number of other cases. The case numbers, counties of origin, and issues presented in the granted cases are listed below. More detailed synopses will be released at a later date. More information about pending appellate cases can be found on the Wisconsin Supreme Court and Court of Appeals Access website. Published Court of Appeals opinions can be found here, and the status of cases pending in the Supreme Court can be found here.

2017AP2352    DSG Evergreen Family Limited Partnership v. Town of Perry

Supreme Court case type: Petition for Review
Court of Appeals: District IV
Circuit Court: Dane County, Judge Richard G. Niess, affirmed
Long caption:  DSG Evergreen Family Limited Partnership, Plaintiff-Appellant-Petitioner, v. Town of Perry, Defendant-Respondent

Issues presented:      

  1. Is a property owner whose property is subject to a partial taking permitted to rely on a condemnor's promises to construct improvements in a manner intended to provide post-taking benefits to the property owner in exchange for greater compensation.
  2. If a condemnor is able to acquire property in eminent domain at a lower cost by including construction of improvements for the benefit of the property owner in its project, but does not subsequently construct those improvements as promised, does claim preclusion prevent the property owner from maintaining an action against the condemnor for damages or to compel construction of the promised improvement to the promised standard?
  3. If the lower courts' answers to Issue II are correct, is a special exception to the doctrine of claim preclusion appropriate or necessary for such circumstances in the context of eminent domain proceedings.
  4. Can a private citizen maintain an action against a town for failing to construct a town road in accordance with the geometric design standards of Wis. Stat. § 82.50.

2017AP2510    Antoinette Lang v. Lions Club of Cudahy Wis., Inc.

Supreme Court case type: Petition for Review
Court of Appeals: District I
Circuit Court: Milwaukee County, Judge William Sosnay, reversed and cause remanded
Long caption: Antoinette Lang and Jim Lang, Plaintiffs-Appellants, Wisconsin State Department of Health & Human Services, Involuntary-Plaintiff, v. Lions Club of Cudahy Wisconsin, Inc., Ace American Insurance Company, Rhythm Method, LLC and Administrator of Health Care Financing Administration, Defendants, State Farm Fire & Casualty Company, Defendant-Respondent, Fryed Audio, LLC, Defendant-Respondent-Petitioner

Issue presented: Is Fryed Audio, LLC an agent of the Lions Club such that they are afforded immunity under Wis. Stat. § 895.52?

Review denied: The Supreme Court denied review in the following cases. As the state's law-developing court, the Supreme Court exercises its discretion to select for review only those cases that fit certain statutory criteria (see Wis. Stat. § 809.62). Except where indicated, these cases came to the Court via petition for review by the party who lost in the lower court:

18AP176    Larson v. Castle at the Bay, LLC

17AP786    State v. Nieto
17AP1119    Bach v. St. Vincent Hospital

18AP1400-CRNM    State v. Winchell

17AP1694-CR    State v. King
17AP1769    Watson v. Rural Masonry, Inc.
17AP2199-CR    State v. Brown
18AP318    State v. Topping
18AP1721-1724-W    Bacallao v. Foster

18AP1365    Gremminger v. Rios

17AP1193-CR    State v. Cefalu

17AP2501-CR    State v. Saddler
18AP700    State v. Raney

18AP41-CR    State v. Rick

17AP2393-CR    State v. Glodowski

17AP1852-CR    State v. Buckingham
17AP1751-CRNM    State v. Vaughn
17AP2025-CR    State v. Liederbach
17AP2113-CR    State v. Rashada—Chief Justice Patience Drake Roggensack did not participate.
17AP2430-CR    State v. McBride—Justice Rebecca Frank Dallet did not participate.
17AP2503-CR    State v. Jewell—Justice Rebecca Frank Dallet did not participate.
18AP129-CR    State v. Jones—Justice Rebecca Frank Dallet did not participate.

18AP186-CR    State v. Walker
18AP259-CR    State v. Robinson
18AP596-CR    State v. Imani
18AP835    State v. M.G.
18AP1131    Milwaukee County v. T.L.R.
19AP215-W    Olson v. Circuit Court for Milwaukee County

17AP2167    Van Handel v. Pritzl

17AP1393    Ozaukee County DHS v. S.S.Z.—Justice Rebecca Frank Dallet did not participate.

17AP1676-CR    State v. Powell
18AP1978-W    Borzych v. Foster
18AP2310-W    Casteel v. Circuit Court for Racine County

18AP84-CR    State v. Moran

17AP1922-CR    State v. Chang
18AP1461-CR    State v. Yang

17AP1660-CR    State v. Hurt

15AP2674-CR    State v. Harvestine
17AP1373-CRNM    State v. Polinske
18AP395    Tefelske v. Metallurgical Associates
18AP74-CR    State v. Bougneit

Tom Sheehan
Court Information Officer
(608) 261-6640

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