Municipalities — public nuisances — abatement orders

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Wisconsin Court of Appeals

Civil

Municipalities — public nuisances — abatement orders

Roderick Flowers, pro se, appeals the circuit court’s order permanently closing R Place on Park to abate the public nuisance created by its operation, directing The Family Business LLC and Flowers to cease all operation of R Place on Park, dismissing the supplemental counterclaim brought by Flowers against the City of Madison, and dismissing the third-party complaint brought by Flowers against Madison City Attorney Michael May, Madison Police Chief Noble Wray, Madison Police Captain Joseph Balles, City Clerk Meribeth Witzel-Behl and Assistant City Attorney Jennifer Zilavy. The issues on appeal are: (1) whether the circuit court properly concluded that R Place is a public nuisance pursuant to Wis. Stat. § 823.02 (2011-12), and properly ordered R Place permanently closed to abate the public nuisance caused by its operation; (2) whether the circuit court misused its discretion in finding Flowers in contempt of court for violating a temporary injunction; and (3) whether the circuit court properly dismissed Flowers’ supplemental counterclaim and third-party complaint. We affirm. This opinion will not be published.

2012AP2179 City of Madison v. Family Business LLC et al.

Dist IV, Dane County, Sumi, J., Per Curiam

Attorneys: For Appellant: Flowers, Roderick, pro se; For Respondent: Zilavy, Jennifer, Madison; Rottier, Catherine, Madison; Hebl, Andrew Bryant, Madison