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Statutory Interpretation – Raze Order

By: Derek Hawkins//September 18, 2017//

Statutory Interpretation – Raze Order

By: Derek Hawkins//September 18, 2017//

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WI Court of Appeals – District III

Case Name: Auto-Owners Insurance Company v. City of Appleton, et al.

Case No.: 2016AP1227

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

Focus: Statutory Interpretation – Raze Order

Auto-Owners Insurance Company appeals an order denying its motion for an injunction prohibiting the razing of Lowell and Carol McLartys’ home following a garage fire. While unclear, it appears Auto-Owners argues the raze order in this case was invalid because the relevant provisions of the raze order statute, WIS. STAT. § 66.0413 (2015-16), do not authorize a building damaged as a result of a sudden fire to be razed. Auto-Owners also argues the raze order was unreasonable because the home could be repaired at a reasonable cost, the raze order was issued as a result of the insured’s inquiry to the municipality, and the building inspector did not personally inspect the premises before issuing the raze order. Finally, Auto-Owners contends that smoke and water damage remediation must be excluded when calculating a building’s “cost of repair.” We reject each of Auto-Owners’ arguments, primarily because they are unsupported by the statute’s plan language and evident purpose, and because they produce an absurd result. Accordingly, we affirm.

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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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