Howard v. Village of Elm Grove

The sole issue to be determined on this appeal is whether, by reason of disputed facts or inconsistent inferences' raised in the affidavits of the parties, the plaintiff was entitled to a trial on the merits.

It is well established that summary judgment is a drastic remedy which should be used only when there are no substantial issues of fact to be tried and when there are no permissible inferences from undisputed facts that would permit a different result. Federal Deposit Insurance Corp. v. First Mortgage Investors, 76 Wis.2d 151, 153-55, 250 N.W.2d 362 (1977). A precise methodology to be…