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Declaratory Judgment

By: Derek Hawkins//April 19, 2017//

Declaratory Judgment

By: Derek Hawkins//April 19, 2017//

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WI Court of Appeals – District III

Case Name: Mark R. Samz et al v. Town of Argonne

Case No.: 2016AP267

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Declaratory Judgment

Mark Samz, Robert Kevilus and Michael Kegley (collectively, “Samz”) are Town residents engaged in the commercial business of snowplowing. Samz commenced a declaratory judgment action seeking to invalidate Argonne’s resolution, as well as any future resolutions for snow removal services from private drives. Samz alleged no public interest existed for Argonne’s snow removal service from private driveways, “as there are private entities willing and able to perform these duties.” The parties filed competing motions for summary judgment. During the motion hearing, the parties agreed the facts were not in dispute and urged the circuit court to rule on the issues as a matter of law. In its decision, the court noted contracts to remove snow from private drives were specifically authorized by WIS. STAT. § 86.105 (2015-16).  The court also acknowledged that Argonne’s fee for snow removal was such that taxpayer funds were not expended. However, the court concluded Argonne did not provide a public service in removing snow from private driveways. The court stated “you are providing a public service if you can do something that otherwise is not readily available.” The court reasoned private entities were able to provide the service within the Town, and “the [T]own [therefore] isn’t authorized to do it.” The court granted summary judgment in Samz’s favor and invalidated Argonne’s resolution, as well as “any similar drafted resolution thereafter ….” Argonne now appeals.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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