Civil Procedure — notice pleading

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Wisconsin Supreme Court

Civil

Civil Procedure — notice pleading

Even though a property owner was required to appeal both of the two special assessments against him, the complaint provided sufficient notice that it was appealing both.

“We agree with CED’s first argument and hold that its original complaint was sufficient to appeal not only the Murdock Avenue special assessment, but the Jackson Street special assessment as well. Wisconsin has long abandoned rigid pleading requirements in favor of liberal civil procedural rules. Notice pleading rules not only simplify pleading in Wisconsin, but also favor the resolution of claims on the merits. CED filed its original complaint within the 90-day time period required by Wis. Stat. § 66.0703(12)(a). The original complaint included the parcel number, 15-1898-1000, which is the only parcel number assigned to the property in question. Furthermore, the original complaint included reference to the ‘Jackson Street – Murdock Avenue intersection improvement project,’ which formed the basis for the special assessments levied by the City.”

Reversed and Remanded.

2012AP5 CED Properties LLC v. City of Oshkosh

Crooks, J.

Attorneys: For Appellant: Olsen, Erik Samuel, Madison; For Respondent: Carlson, Richard J., Appleton