State v. Ryan, 2011 WI App 21, 331 Wis. 2d 491, 796 N.W.2d 23.

Issue: Is summary judgment available for Chapter 30 forfeiture actions

After his property was condemned by the Wisconsin Department of Transportation (WisDOT), Ryan allowed a barge that he had moored at the site to sink to the bed of the Menomonee River. Ryan then refused to remove the barge from the river.

The state filed a forfeiture action against him for placing and maintaining an obstruction in a navigable waterway without permits – a Chapter 30 violation (30.10(2) & 30.12(1)(a)). The trial court granted summary judgment against Ryan. After a trial on damages, the court ordered judgment of $37,691.25 in forfeitures and surcharges for Ryan and $100,000 to be maintained in a trust account to cover the cost of removal of the barge.

On appeal, Ryan argued, inter alia, that summary judgment is unavailable for Chapter 30 forfeiture actions. The court of appeals held that summary judgment was appropriate in Chapter 30 forfeiture actions. It reasoned that Chapter 30 actions are civil actions. Wisconsin Stat. § 23.69 in turn provides: “[a]ny motion which is capable of determination without trial of the general issue shall be made before trial.” The court also determined that because the applicable statutes are consistent with summary judgment methodology summary judgment was available.

For more information on Chapter 30 forfeiture actions in Wisconsin, contact Peter Conrad at 608.260.2483 or pconrad@axley.com.