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Statutory Interpretation – Razing Buildings

By: Derek Hawkins//June 9, 2021//

Statutory Interpretation – Razing Buildings

By: Derek Hawkins//June 9, 2021//

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WI Court of Appeals – District II

Case Name: 1033 North 7th Street, A California Corporation, v. City of Fond Du Lac, et al.,

Case No.: 2020AP92

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Statutory Interpretation – Razing Buildings

1033 North 7th Street (the corporation) appeals from an order granting the City of Fond du Lac (the City) and its building inspector Doug Hoerth’s motion to dismiss the corporation’s complaint as untimely. The complaint, filed in September 2018, requested declaratory relief stating that a raze or repair order the City issued to the corporation in 2015 was no longer in effect. The order was issued by the City under WIS. STAT. § 66.0413 (2019-20). The corporation alleged that it relied on Hoerth’s assurances that the order had been satisfied by repairs and there was no deadline to complete the remaining repairs. The City argues, and the circuit court found, that as a matter of law, the corporation’s claim was barred by its failure to pursue the statute’s exclusive remedy under subsection (1)(h), which has a thirty-day statute of limitations to challenge the order. The corporation contends that the circuit court erred in its interpretation of § 66.0413(1)(h). We agree. The exclusive remedy provision of § 66.0413(1)(h) applies only to claims premised on the reasonableness of the order to raze. It does not apply to this challenge, which is based on acts occurring during the subsequent repairs required under the order. We reverse the order of dismissal and remand for further proceedings.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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