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Ordinance Violation – Statutory Interpretation

By: Derek Hawkins//July 14, 2015//

Ordinance Violation – Statutory Interpretation

By: Derek Hawkins//July 14, 2015//

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Civil

WI Court of Appeals – District III

Officials: Stark, J

Ordinance Violation – Statutory Interpretation

2014AP2760 City of Eagle River v. Mark Slusarczyk

Appellant Mark Slusarczyk appeals a judgment finding he violated a City of Eagle River sign ordinance. Slusarczyk argues the ordinance does not apply because his sign does not meet the definition of an off-premises sign. He also argues the City’s ordinance conflicts with a preemptive state statute, and that the ordinance, as applied, violates his constitutional rights. We conclude the Eagle River ordinance conflicts with a preemptive state statute and reverse.

Holding

Reversed

Full Text


Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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