Legal Opinion · Concurrence

State v. Ryan

Wisconsin Supreme Court

Decided February 28, 2012No. 2009AP3075Published

1ConcurrenceAnnette Kingsland Ziegler, J.

¶ 74. {concurring). I concur with the majority's mandate to reverse the decision of the court of appeals and remand the cause to the circuit court for further proceedings. I agree with the majority that the circuit court erred by concluding that Ryan was judicially estopped from disclaiming ownership of the barge. See majority op., *723¶ 3. However, I do not agree with the majority's conclusion that summary judgment is never permitted in forfeiture actions for alleged violations of Wis. Stat. ch. 30. See id., ¶ 4. Much like the court of appeals determined in this case, see State v. Ryan, 2011 WI…

2Cases cited7 opinions

  1. Grams v. BossWisconsin Supreme Court · 1980
  2. Rollins Burdick Hunter of Wisconsin, Inc. v. HamiltonWisconsin Supreme Court · 1981
  3. Oneida County v. ConverseWisconsin Supreme Court · 1993
  4. State v. KelleyWisconsin Supreme Court · 2001
  5. State v. SchneckCourt of Appeals of Wisconsin · 2002

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