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State’s high court takes up 5 cases

The Wisconsin Supreme Court announced Friday that it has accepted five new cases and denied opportunities to review a long list of others.

In CED Properties v. City of Oshkosh, which originates in Winnebago County, the court will consider a challenge to a special assessment imposed by the city of Oshkosh on CED Properties LLC in response to a dispute concerning a road project. The court will examine the case in the light of the “relation back” statute, which provides that an act, under certain circumstances, can be treated as though it occurred at an earlier time.

(Photo courtesy of Tom Sheehan)

(Photo courtesy of Tom Sheehan)

In Anthony Gagliano & Co. v. Openfirst, the court will examine whether Wisconsin law lets a landlord of commercial property recover unpaid rent from a tenant’s temporary sub-tentant.

In State v. Sarfraz, from Milwaukee County, the court will consider a provision in the state’s Rape Shield Law, and whether a complainant’s alleged previous sexual conduct is relevant in the case.

In Partenfelder v. Rohde, from Milwaukee County, the court will take up a case arising from the collision of a freight train and a minivan on Memorial Day 2009 in the village of Elm Grove. The court will consider whether the Federal Railroad Safety Act takes precedent over the claims the plaintiff is making under state negligence and safe-place laws.

And in Wilcox v. Estate of Hines, from Sauk County, the court will examine a dispute over the ownership of a 25-foot wide strip of land along the shore of Lake Delton.

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