Banach v. City of Milwaukee

The principal issue raised by plaintiffs’ appeal is whether the record before the trial court on the motion for summary judgment raised a material issue of fact which required a trial to resolve. The city’s cross appeal presents the issues of: (1) Whether the trial court had the power to stay further proceedings by the city pending plaintiffs’ appeal, and (2), if the court did possess such power, did its exercise of the same constitute an abuse of discretion ?

Propriety of Granting Summary Judgment.

In order to decide the issue of whether the record on the motion for summary judgment presented…