99-2389 In re the Return of Property in State v. Glass: City of Milwaukee v. Glass

By: dmc-admin//June 18, 2001//

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“Wisconsin Stat. sec. 968.20 does not expressly state that a circuit court may award monetary damages if seized property is not returned. Furthermore, the circuit court did not obtain personal jurisdiction over the City in accordance with the statutes governing civil actions, a prerequisite for awarding monetary damages against the City.

“We have concluded that a proceeding under sec. 968.20 is a proceeding in rem to determine true ownership of specific property. A judgment in an in rem proceeding is valid only against the specific property and not against a defendant or a defendant’s other assets.”

Affirmed.

Court of Appeals, Abrahamson, C.J.

Attorneys:

For Appellant: George P. Kersten, Leslie Van Buskirk, Milwaukee

For Respondent: David J. Stanosz, Milwaukee

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