Ordinance Violation – Court Error

By: Derek Hawkins//May 31, 2016//

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WI Court of Appeals – District III

Case Name: Village of Somerset v. Mark J. Hoffman

Case No.: 2015AP140

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Ordinance Violation – Court Error

Mark Hoffman appeals a judgment entered against him for loitering in the Village of Somerset in violation of SOMERSET, WIS., ORDINANCE § 11-2-6(c)(1). Hoffman argues the ordinance, as it was applied to him, is “preempted” by WIS. STAT. § 66.0409(2) and (6), and the ordinance is unconstitutional as applied to him. As a result, Hoffman contends the circuit court erred by denying his motion for summary judgment and his motion to dismiss at the close of the Village’s case. He also claims the court erred by not giving his requested jury instructions.

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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.

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