Village of Menomonee Falls v. Meyer

The issue in this appeal is whether § 800.14(4), Stats., permits a new trial in the circuit court when the case was judicially resolved, but its merits were not fully litigated, before the municipal court. We conclude that the legislature modified § 800.14(4) to reduce the number of circuit court jury trials resulting from municipal court appeals. Considering the legislature's intent for § 800.14(4), we determine that without a trial on the merits in the municipal court, a party cannot request a new trial in the circuit court. Because the Village of Menomonee Falls made such a request in this…