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Sanctions Appeal

By: WISCONSIN LAW JOURNAL STAFF//November 27, 2023//

Sanctions Appeal

By: WISCONSIN LAW JOURNAL STAFF//November 27, 2023//

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WI Court of Appeals – District III

Case Name: Village of Bay City v. David C. Meixner

Case No.: 2022AP001173

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

Focus: Sanctions Appeal

At the most basic level, these consolidated appealsinvolve a real estate dispute between the Village of Bay City and David C.Meixner. The Village argued that it was entitled to an ownership interest—basedon various legal theories—in four areas of disputed land located on propertyowned by Meixner. The circuit court resolved two of the land disputes onsummary judgment, and a jury resolved the remaining disputes at trial. All issueswere resolved in the Village’s favor. Meixner appeals from the court’sjudgment entered in favor of the Village.

Attorney William J. Mavity represented Meixner during thislitigation. At different times during the course of this case, the circuit courtawarded sanctions against either Meixner or Mavity pursuant to WIS. STAT.§ 802.05 (2021-22).Mavity appeals the imposition of those sanctions. Finally,the Village has also moved for sanctions against Meixner and/or Mavity, arguingthat the appeals are frivolous.

The appeals court ruled that Mavity should have known that the arguments on appeal were without any reasonable basis in law or equity given his failure to abide by basic rules of appellate practice and found Meixner and Mavity’s entire appeal frivolous. It therefore remands the matter to the circuit court to determine the amount of costs, fees, and reasonable attorney fees incurred by the Village in responding to Meixner and Mavity’s appeal and to issue an award accordingly.

Affirmed and remanded.

Decided 11/21/23

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