Weird Wisconsin Law

STRANGE BUT TRUE……
In Wisconsin, a restaurant cannot serve margarine instead of butter, unless the customer specifically requests it!

See Wis. Stat. Sec. 97.18(4) Oleomargarine regulation:
“The serving of colored oleomargarine or margarine at a public eating place as a substitute for table butter is prohibited unless it is ordered by the customer.”

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Motion to Order Filing of Criminal Complaint Granted

Judge David Reddy granted attorney Mara C. Spring’s motion to order the filing of a criminal complaint after Walworth County refuses to prosecute….

http://www.gazettextra.com/20160315/judge_allows_private_attorney_to_file_criminal_prosecution

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Attorney Mara Spring Files Petition to Issue Criminal Charges for Embezzlement

On March 10, 2016, the Janesville Gazette reported Attorney Spring’s filing of a petition to permit the private filing of a criminal complaint. Attorney Spring successfully prosecuted a civil claim against Heidi Kuhnke for the the theft of over $167,000 from her employer. The Walworth County District Attorney’s Office has, to date, refused to prosecute. To view the article please visit

http://www.gazettextra.com/20160310/private_attorney_files_motion_asking_a_judge_to_order_a_criminal_prosecution

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Zoning Variance

The zoning variance procedure can be frustrating. Understanding the historical purpose of the variance procedure and being able to discuss it in an academic way may help you in your quest to obtain one.

Historically, the zoning variance procedure was created to act as a release value between the police powers of the government to regulate its citizenry’s land and the citizenry’s right to be protect from the government’s taking of property without just compensation as granted under the United States Constitution. This idea is often forgotten. A brief reminder in the record and in your presentation may help you remind the Boards of Appeals and Boards of Adjustment that variances are not the apocalypse they are often thought to be.

Contact my office to discuss other ways to present your facts and evidence to be successful in obtaining a zoning variance.

This blog entry was prepared by Brian A. Schuk, partner, Wassel, Harvey & Schuk, LLP. It does not constitute legal advice, create an attorney-client relationship, or constitute legal authority.

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Estimates for security deposit withholding?

The Court of Appeals has rendered an unpublished decision which although is not binding is very informative as to how one Appellate Judge is interpreting Boelter v. Tschantz, 2010 WI App 18, 323 Wis.2d, 779 N.W.2d 467 (WI App 2009).

Boelter has been interpreted by many circuit courts to stand for the proposition that a landlord must show they have actually been damaged and have paid for those damages before they can withhold the amount from a tenant security deposit. This meant the landlord could not rely on written estimates for security deposit accounting.

In Smart v. Thompson, 2012 AP 2674, the appellate judge takes exception to that interpretation and claims the focus of Boelter had to do with the use of a professional rate of charge when the individual doing the work was not a professional.
Now the question is, will this decision lead circuit court judges and commissioners to loosen their hold on stringent requirements of security deposit accounting evidence.

This blog entry was prepared by Brian A. Schuk, partner, Wassel, Harvey & Schuk, LLP. It does not constitute legal advice, create an attorney-client relationship, or constitute legal authority.

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Contractors in Trouble

Attorneys frequently receive questions from contractors and homeowners regarding remodeling projects. Contractors can get into trouble if they don’t pay close attention to the Wisconsin Administrative Code. Wisconsin law requires any contractor who makes improvements to an existing home and takes any payment before the project is complete to comply with the Home Improvement Practices Act, Wisconsin Administrative Code Chapter 110. This Code requires a written contract under most circumstances, and also provides that if the contractor fails to comply, the homeowner is entitled to double damages and actual attorneys fees. The double damages penalty applies to all of a homeowner’s damages and not only those directly attributable to violations of the Code. Given the steep penalties to contractors, it is important for contractors to learn these requirements before working on a home improvement project for an existing residence. There are specific requirements as to what the contract must contain. For example, the contract must specifically describe the project and the materials to be used. It must outline the total price to be paid, and provide specific start and completion dates for the work. If you have questions about whether your contract complies with the Code, call Mara Spring at 262-728-0700.

This blog entry was prepared by Mara C. Spring, partner, Wassel, Harvey & Schuk, LLP. It does not constitute legal advice, create an attorney-client relationship, or constitute legal authority.

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Can judges help?

Yesterday, the Wisconsin Supreme Court held a public hearing on a proposal to allow Wisconsin judges to assist litigants in court. If it is approved, this change to the Judicial Code would allow judges to use their discretion to assist litigants in having their cases heard in court. The proposal was drafted in an attempt to allow judges to better address the overwhelming number of people who appear in Wisconsin courts every year without counsel.

This provision has not been approved yet, and even if it is, each judge will use his or her discretion in assisting those who appear in their courtrooms or refusing to provide any assistance whatsoever. If you need legal assistance, either in or out of the courtroom, call us for a consultation to determine how we can best help you.

This blog entry was prepared by Mara C. Spring, partner, Wassel, Harvey & Schuk, LLP. It does not constitute legal advice, create an attorney-client relationship, or constitute legal authority.

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Spring receives AV rating

Martindale-Hubbell® has confirmed that attorney Mara C. Spring received the AV Preeminent Rating. The Martindale-Hubbell® AV Preeminent® rating is the highest possible rating for an attorney for both ethical standards and legal ability. This rating represents the pinnacle of professional excellence. It is achieved only after an attorney has been reviewed and recommended by their peers – members of the bar and the judiciary.

Mara Spring graduated from the University of Wisconsin Law School in 1998. She was elected Taylor County District Attorney later that year. In 2003 she became an associate with Godfrey, Leibsle, Blackbourn & Howarth, S.C., in Elkhorn, WI. There, Mara represented clients in construction, business, real estate, municipal, creditor and other matters. Mara is currently studying mediation, and expects to receive her Masters’ degree in Dispute Resolution from Marquette University later this year. Attorney Spring became a partner with Wassel, Harvey & Schuk, LLP in February, 2014.

This blog entry was prepared by Mara Spring, partner, Wassel, Harvey & Schuk, LLP. It does not constitute legal advice, create an attorney-client relationship, or constitute legal authority.

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Mara C. Spring joins firm

Attorney Mara Spring joined Wassel, Harvey & Schuk, LLP this month. Mara began her career as a prosecutor, serving two terms as the Taylor County District Attorney in Medford, WI. For the past ten years she has been an associate with Godfrey, Leibsle, Blackbourn and Howarth, S.C. in Elkhorn. Her practice focuses on litigation of business, real estate and construction disputes, creditor actions and collections. Attorney Spring is also a trained mediator, and expects to receive her Masters Degree in Dispute Resolution from Marquette University later this year. She lives in Muskego, WI, with her husband and their three children.

This blog entry was prepared by Mara C. Spring, partner, Wassel, Harvey & Schuk, LLP. It does not constitute legal advice, create an attorney-client relationship, or constitute legal authority.

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Changes in Landlord Law

LANDLORDS BE ON THE LOOKOUT – Senate Bill 179 is making its way to the Governor’s office for signature. It is expected to be signed into law this year. There are sweeping changes, and some “gotcha’s” that all landlords need to know about that deal with disclosures, security deposits and criminal conduct of the tenants.

Once it is signed, I will break down the entire law, i.e., pros, cons and advice to be successful under the law.

Also watch for my upcoming seminar in Rock County on this law and how to prepare a tenant file for the courtroom. Date and location and guest speaker are to be determined at this time.

This blog entry was prepared by Brian A. Schuk, partner, Wassel, Harvey & Schuk, LLP. It does not constitute legal advice, create an attorney-client relationship, or constitute legal authority.

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