Forfeiture – Ordinance Violation

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WI Court of Appeals – District III

Case Name: Town of Winchester v. John Stilson et al

Case No.: 2015AP1893

Officials: HRUZ, J.

Focus: Forfeiture – Ordinance Violation

John and Michele Stilson appeal a forfeiture order finding them in violation of a Town of Winchester ordinance regulating exterior lighting. The order required the Stilsons to pay a total of $1,925 for the violations and awarded the Town $6,603 in attorney’s fees and costs. The Stilsons argue the Town’s small claims action should have been dismissed because the parties reached a settlement prior to trial. However, we conclude no valid and enforceable settlement agreement was reached between the parties. The Stilsons also argue the circuit court erroneously awarded the Town attorney’s fees and costs in excess of those permitted by statute and the ordinance was unconstitutionally vague. We conclude the Stilsons forfeited the former argument by their failure to raise the issue before the circuit court, and their argument on the latter point is undeveloped. Accordingly, we affirm. Nevertheless, we remand the matter to the circuit court to clarify a discrepancy between its oral findings of fact and the final order as to the number of days the Stilsons were found to be in violation.

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Attorney Derek A. Hawkins is the managing partner 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.