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Stafford Rosenbaum LLP’s election and political law attorneys have had a 2020 filled with noteworthy cases. The new practice group was launched this year, co-chaired by Attorneys Jeff Mandell and Doug Poland, and has been even busier in the last quarter of the year with cases involving presidential post-election results challenges. Stafford Rosenbaum represents Wisconsin Governor Tony Evers on post-election matters, which has involved researching and advising on vote recounts and matters surrounding them.…
At the end of last week, the Court of Appeals recommended for publication an opinion resulting from a permissive interlocutory appeal sought by Stafford Rosenbaum on behalf of the City of Monroe.  Stafford sought the appeal after the trial court denied the City’s motion for summary judgment asserting absolute and governmental immunity in response to a slip and fall complaint.  As explained below, the Court of Appeals reversed and remanded with directions to enter summary…
The Wisconsin Court of Appeals recently found that a continuing trespass does not create a new “event” each day that it remains on the property.  See Ebert v. Village of Gresham, 2020 WL 6278316, ¶¶ 2, 13.  Because a new event is not created each day, a claimant must file a notice of injury within 120 days after the happening of the event giving rise to the claim pursuant to Wis. Stat. § 893.80. …
A property owner, Timothy Casa De Calvo, sued the Town of Hudson claiming that he adversely possessed real property adjacent to his house. The property in question had been dedicated about 31 years before as a street on a subdivision plat. The Circuit Court granted summary judgment in favor of the Town, and the court of appeals affirmed the judgment. Casa De Calvo v. Town of Hudson, No. 2019AP1851 (Wis. Ct. App. Sept. 9,…
A power of attorney is a document that allows someone to appoint an agent to act on their behalf in the event that they become incapacitated or unable to make decisions on their own. These documents relate to financial and healthcare matters. One of the greatest benefits of a power of attorney is that it allows the agent to act quickly in a crisis. Having your college-age children sign a power of attorney for healthcare…
In Milwaukee Block 10 Properties v. City of Milwaukee, the Wisconsin Court of Appeals reaffirmed two key principles in its reversal of a circuit court decision which ordered the City of Milwaukee to revise its property tax assessment for the Aloft Hotel. First, Wisconsin affords substantial deference to property tax assessments prepared by municipalities. Property assessments enjoy a presumption of correctness which can rebutted only if the challenging party can present significant contrary evidence…
The Wisconsin Court of Appeals recently held that Wisconsin law precludes enforcement of a provision in an insurance policy that purported to limit underinsured motorist (“UIM”) coverage to only those insureds who sustain bodily injury or death. Ryan Johnson died from injuries sustained in a collision involving an underinsured vehicle. Johnson’s minor son, Elliot Brey, filed a claim against State Farm—his mother’s automobile insurance carrier—seeking to recover damages resulting from his father’s wrongful death. State…
Title VII is the portion of the federal Civil Rights Act that prohibits employers from discriminating on the basis of race, color, religion, sex, and national origin. It was first adopted by Congress in 1964. Last week, in a 6-3 ruling, the U.S. Supreme Court interpreted Title VII to prohibit discrimination on the basis of sexual orientation and transgender status. The Court’s ruling in Bostock v. Clayton County, 590 U.S. (2020), consolidated three decisions…
Last week Governor Evers announced a $200 million program for local leaders entitled “Routes to Recovery: Local Government Aid Grants.” The program intends to address Wisconsin communities’ urgent and unique situations surrounding COVID-19 recovery. Funded by federal CARES Act dollars, these grants are in addition to the $1 billion in state-wide COVID-19 related aid that includes free test kits, personal protective equipment, contact tracing, public testing sites and other resources. Routes to Recovery grants will…
Recently the Court of Appeals released an opinion holding that municipal pier regulations enacted pursuant to Wis. Stat. § 30.13(2) cannot be applied to a pier that qualifies for a state permit exemption under Wis. Stat. § 30.12(1g)(f).  As a result, the Court of Appeals reversed the trial court’s decision in order to rule in favor of the pier owner.  In this case, the pier owner was represented by Stafford in conjunction with Attorney Adam…