By: WISCONSIN LAW JOURNAL STAFF//October 10, 2012//
Wisconsin Court of Appeals
Civil
Municipalities — liquor licenses
The failure of a complainant to swear under oath pursuant to sec. 125.12(2) when initiating revocation of a liquor license, is a fatal defect.
“An oath or swearing requirement is important. The solemnity imposed by an oath requires the actor to stop and consider the allegations he or she is making. Under WIS. STAT. § 125.12(2), requiring a complainant to swear to his or her allegations prevents baseless harassment of legitimate businesses. An oath requirement is not a meaningless legal trapping. In the § 125.12(2) context, the sworn complaint initiates the review process, in which the licensee is brought under the microscope, enduring the stress of having to defend his or her business. What happens after, the entire procedure and due process hearing, cannot make up for a faulty start. To deem the lack of oath inconsequential or allow the testimony at the hearing to cure a defective complaint would render the swearing requirement meaningless.”
Affirmed.
Recommended for publication in the official reports.
2011AP2282 Park 6, LLC, v. City of Racine
Dist. II, Racine County, Schroeder, J., Brown, J.
Attorneys: For Appellant: Rusch, Kenneth E, Racine; Hinkston, Mark R., Racine; For Respondent: Bobot, Vincent J., Milwaukee