Latest 2 Cases: State v. Neill (Criminal Law), Town of Wilson v. City of Sheboygan (Real Estate & Property Law)

New York Sues the Trump Administration Over “Trusted Traveler” Eligibility

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on New York’s lawsuit against the federal government over the Department of Homeland Security’s decision to exclude New York residents from eligibility for Trusted Traveler programs. Dorf describes some of the interesting legal questions the lawsuit raises in terms of administrative law, judicial standing, and constitutional law.

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State v. Neill

Docket: 2018AP000075-CR

Opinion Date: February 14, 2020

Judge: Ann Walsh Bradley

Areas of Law: Criminal Law

The Supreme Court reversed the decision of the court of appeals affirming a $4,800 fine imposed by the circuit court upon sentencing Defendant for third-offense OWI, holding that the court of appeals erred in interpreting the penalty enhancers in Wisconsin's OWI statutes. Defendant faced two penalty enhancers. At issue was how the penalty enhancers' provisions requiring "doubling" and "quadrupling" of the fine for a third-offense OWI should be determined when multiple penalty enhancers apply. The Supreme Court held that the court of appeals erred in affirming the $4,800 fine imposed by the circuit court, holding that, under the correct interpretation of the statutes, Defendant's two fines totaled $3,600, not $4,800.

Town of Wilson v. City of Sheboygan

Docket: 2018AP002162

Opinion Date: February 14, 2020

Judge: Dallet

Areas of Law: Real Estate & Property Law

The Supreme Court affirmed the judgment of the circuit court concluding that an annexation of 247 acres of land to the City of Sheboygan satisfied the statutory contingency requirement, the rule of reason, and the procedural requirements of Wis. Stat. 66.0217, holding that the circuit court did not err or abuse its discretion. This appeal concerned J. Kohler Company's plan to convert 247 acres of land located in the Town of Wilson into a golf course. Kohler petitioned for annexation to the City of Sheboygan, determining that the golf course would not be developed if the land remained in the boundaries of the Town. In response, the Town filed this declaratory judgment action challenging the annexation. The circuit court dismissed the action in full. The Supreme Court affirmed, holding (1) the annexation met the statutory contiguity requirement in Wis. Stat. 66.0217(3); (2) the annexation satisfied the rule of reason; and (3) the petition complied with the signature and certification requirements set forth in Wis. Stat. 66.0218(3) and (5)(a).