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Caleb R. Gerbitz

It’s time for our monthly check-in on the latest civil law developments at the Wisconsin Supreme Court. In the past month, the court decided five civil cases spanning a broad array of issues including insurance law, eminent domain, and arbitration. Plus, the court granted review in a case touching on taxation and religious liberty. Read on for all the latest.
Cases Decided
Banuelos v. UW Hospitals & Clinics Authority, No. 2020AP1582

Healthcare

Decision Filed: April 4,…
Continue Reading Wisconsin Supreme Court Update: May 2023

Real estate inheritance concept and contract agreement.
Real estate inheritance concept and contract agreement.

Generally speaking, real estate is subject to the laws of the jurisdiction in which it is located. That makes coordination of property ownership outside your home state an especially important piece of your overall estate plan. Failing to specifically address the funding/titling of this real estate can cause, among other hassles, unnecessary court processes at death. The following are a few things to consider.

Out-Of-State Real Estate
If you utilize a revocable trust as your main estate planning vehicle…
Continue Reading A Home Away From Home: Planning Considerations for Out-of-State Real Estate, Mobile Homes and Foreign Real Estate

It is that time of year again. Summer is around the corner, and lakefront and riverfront property owners all across the state are starting to think about when to get their piers back in or what day they want to drop their boat in. Inevitably, this time of year is when neighbors old and new may start to interfere with other waterfront property owners’ rights to access the water. One of the many issues surrounding lake and river property…
Continue Reading What are Riparian Rights & Why are They Important?

This month, the Court of Appeals affirmed a circuit court decision that held that the City of Brookfield engaged in an unconstitutional taking when it conditioned the approval of a subdivision development on construction of a new public street. The Court of Appeals determined that this “exaction” was not permissible because it did not address a need caused by the development proposal and, even if it did, the exaction was not proportional to the conditions sought to be addressed…
Continue Reading Court of Appeals Determines City Development Condition Is Unconstitutional Taking

Owners of real estate property are required to pay property taxes, and each year, property tax assessments are performed to determine the value of a property and the portion of a local tax levy that the property owner will be responsible for. A property tax assessment will affect the amount of taxes that a property owner will be required to pay, and property owners will need to make sure their property is valued correctly to avoid being required to…
Continue Reading Can a Property Tax Assessment for an Apartment Building Be Challenged?

Real estate transactions can be very complicated, and there are multiple types of legal issues that buyers and sellers will want to be aware of. Easements are one issue that will affect how a piece of property can be used. If easements are not properly disclosed during a transaction, real estate litigation may be required to address this issue.
Understanding Easements
An easement is a legal agreement that gives a person, company, or organization the right to use…
Continue Reading How Do Easements Affect Real Estate Transactions and Litigation?

The Wisconsin Supreme Court has further refined the standard for what is a continuation of a legal non-conforming use.  In Village of Slinger vs. Polk Properties, LLC  the Court, in a unanimous decision, set a clear standard to judge a municipality’s effort to enforce the abandonment of a legal non-conforming use.

Non-conforming uses, or structures, are created when a rezoning of a parcel takes place, causing the current use to not conform with the new zoning designation placed on…
Continue Reading What Constitutes the Continuation of a Legal Non-Conforming Use

The purchase of a home is a complex process that has a significant impact on both the buyer and the seller. As such, a successful purchase requires a certain level of transparency and trust between the two parties. When a buyer or seller does not act in good faith or fails to fulfill an obligation, major obstacles to the sale can arise, not to mention legal issues that often must be resolved through real estate litigation. One such…
Continue Reading What Are the Disclosure Requirements in a Wisconsin Home Sale?