Court Error – Abuse of Discretion

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WI Court of Appeals – District III

Case Name: Menard, Inc. v. City of Marinette

Case No.: 2018AP533

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

Focus: Court Error – Abuse of Discretion

This appeal arises from the consolidation of two cases filed by Menard, one in 2016 and one in 2017, challenging the City of Marinette’s (“the City”) 2016 and 2017 real estate tax assessments of Menard’s Marinette, Wisconsin store (“the Property”). Menard contends the circuit court erroneously exercised its discretion by: (1) applying the 2016 case’s scheduling order to both cases after the court granted Menard’s consolidation motion; and (2) denying Menard’s motion to reconsider that decision. Further, Menard contends the court erred by granting the City summary judgment after concluding that an expert report is necessary to rebut the presumption that a city assessor’s property valuation is correct.

We reject Menard’s contentions, with one exception. Specifically, we agree with Menard that the circuit court erroneously exercised its discretion by failing to reconsider its decision to have the 2016 scheduling order govern the 2017 case after it came to light that, prior to consolidation, Menard had missed a critical deadline under the 2016 scheduling order. Accordingly, we affirm in part, reverse in part, and remand with directions in the 2017 case.

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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.