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2005AP1196 Barber v. Weber (64427)
By: dmc-admin//April 3, 2006//
Listen to this article“The Barbers cannot circumvent the doctrine of claim preclusion by electing to forgo certiorari review of the Zoning Board order and instead relitigating identical claims in circuit court under § 62.23(8). A final determination on the merits ‘orders parties’ legal rights and duties with respect to the particular transaction or known set of facts that gave rise to the first suit.’”
Accordingly, summary judgment in favor of plaintiffs was improperly granted
Reversed.
Recommended for publication in the official reports.
Dist II, Waukesha County, Kieffer, J., Snyder, P.J.
Attorneys:
For Appellant: Langer, Timothy, Hartland
For Respondent: Marcuvitz, Alan, Waukesha; Roschke, Andrea H, Milwaukee
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