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Statutory Interpretation – Wisconsin’s Public Records Law

By: Derek Hawkins//March 12, 2019//

Statutory Interpretation – Wisconsin’s Public Records Law

By: Derek Hawkins//March 12, 2019//

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WI Court of Appeals – District II

Case Name: State of Wisconsin Ex. Rel. Annette Flynn v. Kemper Center, Inc. et al.

Case No.: 2017AP1897

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

Focus: Statutory Interpretation – Wisconsin’s Public Records Law

Kemper Center, Inc. and Gary Vaillancourt appeal a grant of summary judgment to Annette Flynn, proceeding on behalf of the State of Wisconsin, in Flynn’s action to enforce Wisconsin’s Public Records Law, WIS. STAT. §§ 19.31-.39 (2015-16).  The sole issue in this case is whether Kemper Center, Inc. is a “quasi-governmental corporation” and therefore an “authority” having custody of a record within the meaning of § 19.32(1). Based upon the undisputed facts, we conclude as a matter of law that Kemper Center, Inc. is not a quasi-governmental corporation subject to the Public Records Law. Accordingly, we reverse the circuit court’s grant of summary judgment and remand with directions to dismiss the complaint.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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