The Blawg

It is frequently stated that Wisconsin has a law that governs almost everything. Well, the reading of a recently released court of appeals case, simply reinforces that philosophy. in City OF West Allis V. William H. MCCarver The city cited Mr. MCCarver under is newly revised municipal ordinance § 7.14(3), “Elimination of Rat Feeding Places.” The complaint alleged that McCarver had violated the ordinance by placing peanuts for squirrels and birds on his front lawn, sidewalk, and the public roadway, in areas accessible to rats, and by failing to remove the accumulated food waste. The ordinance in place at the time of McCarver’s citation stated: “No person, firm or corporation shall place or allow to accumulate, any materials that may serve as food for rats in a site accessible to rats. Any waste materials that may serve as food for rats shall be stored in rat-proof containers. Food for birds shall be placed on raised platforms or such feed shall be placed where it is not accessible to rats. Premises upon which food is provided for birds shall be cleaned at least once during each twenty-four (24) hour period to remove food material which has fallen to the ground. It shall be the responsibility of the occupant or the owner of record to see that the premises are kept free of material which could provide food for rats.” This case actually proceeded to jury trial, where a neighbor produced photos and video’s of Mr. McCarver throwing food waste (peanuts and seeds) into this front lawn to feed the birds and consequently the squirrels. On June 11, 2013, the jury determined that McCarver violated West Allis revised municipal code § 7.14(3) on nine separate occasions. On September 10, 2013, the circuit court ordered McCarver to pay a fine of $10.00 for each of the nine counts, plus court costs. This appeal then followed. I share this as an example of not only WI love for laws that govern almost anything, but also our ability to litigate even the smallest of matters to the largest extent. Principals are expensive. At some point common sense should play a role.

When starting a construction project, putting in a road, establishing a driveway, building a deck, pouring a sidewalk, planning a development etc. It is always a good idea to seek the assistance of professionals who can help you get the proper permits, certifications and approvals before starting a project that you cannot finish. It is often said in the legal community, that Wisconsin has a statute for everything, no question. The Court of Appeals recently issued a decision in State of Wisconsin v. CGIP Lake Partners, LLP and Catherine deBarros, where they are requiring the defendant- respondent’s to remove a road that she had installed over a wetlands for not obtaining the proper permits. The circuit court concluded deBarros and CGIP violated WIS. STAT. § 281.36(2)(a) (2009-10). Similar to shoreland zoning ordinances, the purpose of WIS. STAT. ch. 281 is to “protect, maintain and improve the quality and management of the waters of the state[.]” See WIS. STAT. § 281.11. To this end, both shoreland zoning ordinances and § 281.36(2)(a) require citizens to obtain permission before conducting otherwise impermissible activities that may harm the state’s waters. Additionally, as with shoreland protection, the public has a substantial interest in protecting the state’s wetlands. Because deBarros failed to get this proper certifications ahead of time and then falsified applications and statements on her need for the new road, the Court of Appeals is requiring that the case be remanded for the Court to order them to remove the new road pursuant to the DNR’s restoration plan. Again, this is a prime example of why you hire professionals to help get the proper permits, certifications and approvals before beginning any project or you may end up without a project and a healthy amount of attorney’s fees to boot. If you have any trouble finding the proper professional or addressing the proper board or governmental body, give us a call and we would be happy to help you wade through the municipal government process.