6 results for 'judge:"Lazar"'.
J. Lazar finds the circuit court improperly dismissed the business lobby's lawsuit over the village's enactment of a "transportation user fee" to fund a transportation utility, a fee which the lobby claims is actually an unlawful tax. In light of a Wisconsin Supreme Court decision directly handling a similar fee enacted by another municipality, the "funding mechanism" for the village's transportation utility counts as a tax, and it is illegal as enacted. Reversed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: March 13, 2024, Case #: 2023AP000690, Categories: Tax
J. Lazar finds the circuit court improperly ruled in favor of the school sports organization in a lawsuit from a high school wrestler appealing orders that effectively stripped him of his 2019 state title and eliminated other results from his wrestling season in part because he participated in a varsity regionals match when the organization had declared he had to serve a suspension for previous unsportsmanlike conduct. In the wrestler's case, the organization applied its suspension rules in an "arbitrary, oppressive or unreasonable manner," in part by determining that the wrestler could not serve out his suspension by sitting out a junior varsity invitational instead of varsity regionals because that would be an attempt to "circumvent" its rules. This decision by the organization was "one of its will, not its judgment," and the circuit court's order is reversed and a permanent injunction is entered reinstating the wrestler's state title and other results. Reversed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: February 28, 2024, Case #: 2021AP001525, Categories: Administrative Law, Agency
J. Lazar finds the circuit court improperly dismissed a voter group’s petition for writ of mandamus that sought for a public record request to obtain voter eligibility notices containing statutorily information required to be communicated to local officials. The group has demonstrated these records are appropriate under the public records law. The court holds that the group is entitled to redacted requested forms and remands this case for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: December 27, 2023, Case #: 2023AP36, Categories: Elections, Public Record
J. Lazar finds partially in favor of the tenant in a lawsuit from its landlord stemming from multiple contract disputes associated with severe flooding and related damages the tenant's administrative office building suffered from floodwater during a "historic storm" in 2018. Under the plain language of the parties' lease agreement, the landlord is responsible for the costs of repairs and remediation of the flood damage, including to alterations, additions and improvements the tenant made to the property. While the circuit court also correctly found the tenant was entitled to rent abatement until repairs to the building were complete and it was "tenantable," its summary judgment order in favor of the tenant on this issue must be reversed because it did not consider factual disputes over the condition of the entire four-story space as pertains to how much rent abatement the tenant is entitled to for the roughly two months between when an inspector issued conditional and final certificates of occupancy. Affirmed in part.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: October 11, 2023, Case #: 2021AP002149, Categories: Landlord Tenant, Contract
J. Lazar finds the circuit court properly ruled in favor of the town and the town's insurance company in a lawsuit a citizen filed after he broke his clavicle in a bicycle crash on what he claims was a negligently maintained town road. The circuit court correctly determined that the citizen's lawsuit, filed 11 months after he first filed a claim with the town, is barred by a six-month statute of limitations. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: August 16, 2023, Case #: 2022AP000198, Categories: Civil Procedure, Damages, Negligence
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J. Lazar finds the circuit court improperly granted summary judgment to the insurance company in the dairy farm's lawsuit over magnesium deficiencies injuring its cattle due to issues with feed it was provided by the cattle feed supplier. The circuit court incorrectly determined that the farm had failed to show the injuries to its herd were an "occurrence" causing "property damage" which triggers coverage under the feed supplier's insurance policies, and liability could be plausibly established if it is proven the substitution of an ingredient in the feed caused the injuries. The circuit court's order is overturned, and the case is remanded for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: July 26, 2023, Case #: 2021AP000670, Categories: Agriculture, Insurance, Contract