By: WISCONSIN LAW JOURNAL STAFF//November 25, 2014//
Wisconsin Court of Appeals
Civil
Forfeiture — mistreatment of animals
On February 6, 2014, a judgment was entered authorizing Eau Claire County to sell, euthanize, or otherwise dispose of eighteen animals seized from
Teresa Hestekin’s property on April 4, 2013. The judgment also required Hestekin to pay the County $74,388.10 for costs incurred in the care, custody,
and treatment of the animals.
Hestekin appeals that portion of the judgment requiring her to pay the County $74,388.10, and she also appeals an order denying her motion for
reconsideration. She argues the circuit court lacked authority under Wis. Stat. § 173.23(3) to enter a money judgment against her for costs incurred
in the animals’ care, custody, and treatment. She also argues Wis. Stat. § 173.24 did not authorize entry of a money judgment against her. We agree
on both counts. Section 173.23(3) gave the circuit court authority to enter an order providing for payment for the custody, care, or treatment of the
animals, but nothing in that statute permitted the court to enter a money judgment against Hestekin. Section 173.24 did not authorize entry of the
money judgment because Hestekin had not yet been convicted of a crime under Wis. Stat. ch. 951. We therefore reverse that portion of the judgment
requiring Hestekin to pay the County $74,388.10 and the entire order denying reconsideration.
Reversed.
2014AP952 Eau Claire County v. Teresa A. Hestekin
Dist III, Eau Claire County, WILLIAM M. GABLER, SR., Judge.; STARK, J.
Attorneys: For Appellant: Waterman, R. Michael For Respondent: Zehms, Keith R.