Ordinance Violation

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WI Court of Appeals – District III

Case Name: De Pere Ledgeview Municipal Court v. John C. Knaus

Case No.: 2016AP2501

Officials: HRUZ, J.

Focus: Ordinance Violation

John Knaus, pro se, appeals a judgment of the circuit court finding him in violation of a Town of Ledgeview ordinance. We conclude the evidence at the de novo trial was sufficient to prove Knaus violated TOWN OF LEDGEVIEW, WIS., CODE § 121-5. As an initial matter, the evidence readily showed the vehicle was a “junked motor vehicle” under TOWN OF LEDGEVIEW, WIS., CODE § 121-3. It was undisputed that the registration of Knaus’s vehicle had expired in early 2011 and had not been renewed since. The evidence also showed the vehicle was “nonoperational” and could not be “self-propelled” in its then-existing state. According to Roberts, the vehicle was “rusted out” and had not moved from its position since at least 2009. Knaus claimed he could still drive the vehicle, but he admitted that it was on its second engine, that it had traveled a total of 440,000 miles, that he painted over the side windows, that he last started the vehicle “probably[] a year” before the citation, and that he now desired to use the vehicle solely as a “lawn ornament.” Finally, Knaus testified he bought the van in 1979, and Roberts testified the vehicle appeared to be worth less than $500. Accordingly, the van satisfied all of the definitions of a “junked motor vehicle” under § 121-3, and the evidence showed Knaus violated § 121-5. We affirm.

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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.