Wisconsin Fair Dealership Law – Termination or nonrenewal

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WI Supreme Court

Case Name: Thomas F Benson, et al., v. City of Madison

Case No.:2017 WI 65

Focus: Wisconsin Fair Dealership Law – Termination or nonrenewal

This is a review of an unpublished decision of the court of appeals, Benson v. City of Madison, No. 2015AP2366, unpublished slip op. (Wis. Ct. App. Aug. 25, 2016), which affirmed the Dane County circuit court’s judgment dismissing a lawsuit filed by the petitioners against the City of Madison (“the City”) pursuant to the Wisconsin Fair Dealership Law (“the WFDL”), a statute that governs, among other things, the termination or nonrenewal of specified types of business relationships. See generally Wis. Stat. ch. 135 (“Dealership Practices”) (2013-14). We conclude that the WFDL applies to the City; that the relationships between the Golf Pros and the City are “dealerships” under the WFDL; that the Golf Pros’ lawsuit is not time-barred; and that the City is not immune from the lawsuit. Consequently, we reverse the decision of the court of appeals and remand for further proceedings consistent with this opinion.

Reversed and remanded

Dissent: Abrahamson, A.W. Bradley

Concurring: Kelly

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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.