Municipalities — junk ordinances

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Wisconsin Court of Appeals

Civil

Municipalities — junk ordinances

Barney W. Schultz appeals from a judgment of the trial court, affirming Village of Lannon municipal ordinance violations and imposing an $8,850 forfeiture. Schultz was found to be in violation of municipal ordinances governing the accumulation of litter, rubbish or debris and the storage of trash or junk on property in the Village. Schultz argues that the Village’s complaint was fundamentally defective because it was signed by the Village attorney and not the building inspector, that the municipal court lacked jurisdiction, that the building inspector did not have authority to issue orders regarding one of the ordinances, that the Village failed to prove violation of one of the ordinances, and that the forfeiture imposed was excessive and overly burdensome. In response, the Village asserts that the trial court exceeded its discretion in reducing the forfeiture due to the similarity between the two ordinances. We reject these arguments and affirm the trial court’s judgment. This opinion will not be published.

2011AP1991 Village of Lannon v. Schultz

Dist II, Waukesha County, Stilling, J., Neubauer, P.J.

Attorneys: For Appellant: Halbrooks, David R., Milwaukee; For Respondent: Hoffer, Douglas James, Elm Grove