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Court Error – Failure to State Claim
By: Derek Hawkins//December 1, 2021//
Listen to this articleWI Court of Appeals – District IV
Case Name: County of Dane v. Mary Jo Johnson
Case No.: 2021AP869; 2021AP70
Officials: KLOPPENBURG, J.
Focus: Court Error – Failure to State Claim
Dane County sued Mary Jo Johnson and TCOB2 Irrevocable Trust, seeking injunctive relief and forfeitures for the alleged conveyance of property by Johnson to the Trust in violation of County ordinances governing minimum lot sizes and the preparation of certified survey maps. The County argues that the circuit court erroneously dismissed the complaint for failure to state a claim on which relief can be granted. I agree and, therefore, reverse and remand for further proceedings.
Derek A Hawkins is Corporate Counsel, at Salesforce.
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