COURT OF APPEALS

DECISION

DATED AND FILED

 

April 18, 2001

 

Cornelia G. Clark

Clerk, Court of Appeals

of Wisconsin

 

NOTICE

 

This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports.

 

A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals.  See Wis. Stat. § 808.10 and Rule 809.62.

 

 

No.    00-3321

 

STATE OF WISCONSIN                                                  IN COURT OF APPEALS

                                                                                                           DISTRICT II

 

 

Town of Richfield,

 

                             Plaintiff-Appellant,

 

              v.

 

James H. Lewis,

 

                             Defendant-Respondent.

 

 

                        APPEAL from an order of the circuit court for Washington County:  PATRICK J. FARAGHER, Judge.  Reversed and cause remanded. 

            1        NETTESHEIM, J.[1]   The Town of Richfield appeals from a circuit court order dismissing two municipal citations alleging zoning violations against James H. Lewis.  Lewis defended on the basis of legal nonconforming use.  At the close of the evidence, the court dismissed the citations because the Town had failed to prove that the structures in question were built after the enactment of the zoning ordinance.  The Town appeals this ruling.

2        After Lewis failed to timely file a respondent’s brief, we warned him in an order dated March 6, 2001, that we might summarily reverse the circuit court order if he did not file a respondent’s brief or seek a time limit extension based on a showing of good cause within five days of the order.  Lewis did not respond to that order.  Therefore, we directed in a further order dated April 2, 2001, that we would decide this case without a respondent’s brief.

3        Wisconsin Stat. § 809.83(2) provides that a failure to comply with the rules of appellate procedure can be grounds for summary reversal.  We invoke this rule against Lewis and his counsel of record, Judith Pinchar.  We reverse and remand this matter to the circuit court for further proceedings not inconsistent with this opinion.

By the Court.—Order reversed and cause remanded.

This opinion will not be published.  See Wis. Stat. Rule 809.23(1)(b)4.

 

 


[1] This appeal is decided by one judge pursuant to Wis. Stat. § 752.31(2)(b) (1999-2000).  All references to the Wisconsin Statutes are to the 1999-2000 version.