01-1764 Bauer v. Village of DeForest

By: dmc-admin//February 25, 2002//

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Susan Bauer appeals an order which dismissed her declaratory relief action against the Village of DeForest and assessed attorney fees against her for pursuing a frivolous action. In recent years, the Village has issued several orders requiring Bauer to remove noxious weeds from her property, under its non-emergency nuisance abatement ordinance, § 11.08(3) of the DeForest Municipal Code. Bauer has responded by commencing several lawsuits. In this action, Bauer sought a declaration that § 11.08(3) was unconstitutional.

We affirm the court’s dismissal of the action and the assessment of frivolousness costs.

This opinion will not be published.

Dist IV, Dane County, O’Brien, J., Per Curiam

Attorneys:

For Appellant: Susan Bauer, Deforest

For Respondent: William S. Cole, Madison

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