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