Robert W. Dean

This case concerned the validity of a November 1976 referendum election in Burnett County, Wisconsin, to relocate the county seat from Grantsburg to Siren, which passed in 16 of 24 municipalities but was not presented to voters in the remaining eight due to the county clerk withholding ballots. Plaintiffs, residents denied ballots, sued to invalidate the election under Wis. Stat. § 59.11, citing procedural irregularities including petition signature verification disputes, failure to count all eligible freeholders, and incomplete absentee ballot distribution. After trial, the circuit court declared the election void, finding reasonable doubt that the results fairly reflected the will of all county voters. On appeal, the court examined the extensive factual record of these irregularities, including a breakdown of potential non-voting populations and petition shortfalls relative to the required one-half of resident freeholders, while assessing whether the election could nonetheless be upheld.

electionsprocedure

This case consolidated two actions where individuals insured under policies from Security Mutual were injured while occupying uninsured motorcycles owned by the named insured or a family member. The policies contained exclusions denying uninsured motorist coverage in such situations, and the trial courts granted summary judgment to the insurer, finding the exclusions permissible. The appellate court reversed, holding that the uninsured motorist statute, which mandates coverage for the protection of persons injured by uninsured motorists, invalidates such exclusions because it focuses on persons rather than vehicles and requires coverage equivalent to that for injuries caused by insured motorists.

business & regulatorytorts & liability

This case involved a dispute between lawyers who had formed a service corporation to practice law; after Melby withdrew in 1977, he sought an accounting and dissolution of the entity under partnership rules because the corporate documents lacked provisions for buying out a departing shareholder. The trial court dismissed that claim and granted declaratory relief to the remaining shareholders, ruling that corporate law governed instead. On appeal, the court affirmed, holding that Wis. Stat. sec. 180.99 requires service corporations to follow the corporate provisions of ch. 180, including the rule of perpetual existence, and that the statute's restrictions exist to protect clients rather than to govern relations among the professional shareholders themselves. The decision noted that ethical rules might still affect valuation of shares upon withdrawal but did not alter the choice of corporate over partnership standards for dissolution.

business & regulatoryprocedure

The case involved a state appeal from a trial court's order dismissing with prejudice a welfare fraud charge against Braunsdorf, because the district attorney was unprepared to proceed on the scheduled trial date. The appellate court modified the order to a dismissal without prejudice, holding that Wisconsin courts lack authority to dismiss criminal complaints with prejudice prior to the attachment of jeopardy unless a constitutional violation, such as denial of the right to a speedy trial, has occurred. The court reasoned that such dismissal power is neither inherent to the judiciary, recognized under common law, nor granted by Wisconsin statute, though it noted limited exceptions like the uniform agreement on detainers. Other states without authorizing statutes follow the same common-law rule limiting pre-jeopardy dismissals to those without prejudice.

criminal lawprocedure

In State v. Stuhr, three consolidated appeals challenged the trial court's imposition of consecutive sentences for multiple burglary and forgery convictions, which doubled the defendants' minimum time before parole eligibility. The Wisconsin Court of Appeals held that considering parole eligibility when deciding between consecutive and concurrent sentences was not an abuse of discretion and affirmed the judgments. The court reasoned that sentencing discretion allows consideration of factors including offense gravity, offender character, public protection needs, and criminal history, that consecutive sentencing is explicitly authorized by statute, and that parole board rules on eligibility for consecutive terms reflect legislative acquiescence rather than any improper circumvention of intent.

criminal lawprocedure

In Wells v. Chicago & North Western Transportation Co., plaintiff Robert Wells sued the Cotters, private landowners, after his car collided with a train at a grade crossing, alleging their failure to cut brush and trim trees violated Wis. Stat. §195.29(6) and contributed to the accident. The Cotters moved for summary judgment, arguing the statute did not impose civil liability. The Wisconsin Court of Appeals held that a violation of the statute by a private landowner does not create civil liability, reversing the trial court's denial of summary judgment and remanding for dismissal of claims against the Cotters. The court reasoned that the statute lacks any express or implied indication of legislative intent to create civil liability, that common-law precedent shields landowners from liability for natural conditions on their property affecting outsiders, and that highway safety responsibilities rest with the state, municipalities, and railroads rather than private owners. It distinguished prior cases involving railroads and municipalities, emphasizing policy against shifting public duties onto individuals.

torts & liabilityproperty