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Municipal Ordinance Violation

By: Derek Hawkins//June 1, 2017//

Municipal Ordinance Violation

By: Derek Hawkins//June 1, 2017//

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WI Court of Appeals – District IV

Case Name: Town of Ixonia v. Timothy Knopps

Case No.: 2016AP766

Officials: Sherman, J

Focus: Municipal Ordinance Violation

The Town of Ixonia appeals from a judgment of the circuit court in this municipal ordinance violation case. The Town asserts that the circuit court erred when it failed to impose a forfeiture against Timothy Knopps that totals the minimum forfeiture for two separate violations under the ordinances Knopps violated for the each of the 773 days Knopps was in violation of those ordinances. The circuit court concluded that imposing a forfeiture in the full amount would, under the facts of this case, result in an unconstitutionally excessive fine under the Eighth Amendment to the United States Constitution and article I, section 6 of the Wisconsin Constitution. Timothy Knopps cross-appeals, challenging the imposition of any forfeiture. I affirm on both the appeal and cross-appeal.

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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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