Legal Opinion

Auto-Owners Insurance Co. v. City of Appleton

Court of Appeals of Wisconsin

Decided August 29, 2017No. 2016AP1227PublishedCited by 2 opinions

1Opinion of the Court

¶ 1.

HRUZ, J.

Auto-Owners Insurance Company appeals an order denying its motion for an injunction prohibiting the razing of Lowell and Carol McLartys1 home following a garage fire. While unclear, it appears Auto-Owners argues the raze order in this case was invalid because the relevant provisions of the raze order statute, Wis. Stat. § 66.0413 (2015-16),1 do not authorize a building damaged as a result of a sudden fire to be razed. Auto-Owners also argues the raze order was unreasonable because the home could be repaired at a reasonable cost, the raze order was issued as a result of the…

2Cases cited12 opinions

  1. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  2. Seider v. O'CONNELLWisconsin Supreme Court · 2000
  3. State v. PopenhagenWisconsin Supreme Court · 2008
  4. Gimbels Midwest, Inc. v. Northwestern National InsuranceWisconsin Supreme Court · 1976
  5. Joint School District v. State Appeal BoardWisconsin Supreme Court · 1973

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3Cited by2 opinions

  1. Milwaukee Police Association v. City of MilwaukeeWisconsin Supreme Court · 2018
  2. Milwaukee Police Association v. City of MilwaukeeWisconsin Supreme Court · 2018

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