State v. American TV & Appliance of Madison, Inc.

This is a review of a published decision of the court of appeals, State v. American TV, 140 Wis. 2d 353, 410 N.W.2d 596 (Ct. App. 1987). That decision reversed an order of the circuit court for Dane county, Judge P. Charles Jones, granting a motion to dismiss the state’s complaint for failure to state a claim in this forfeiture action. We reverse the decision of the court of appeals because the state cannot prevail, even if the facts alleged in the complaint are true.

The state filed a complaint against American TV & Appliance of Madison, Inc., (American) alleging that in January, 1985,…