Blackstone And Booze: Wisconsin Court Of Appeals Discusses Retroactivity Of Judicial Decisions

On August 26, the Wisconsin Court of Appeals released Mixx Night Club v. Milwaukee, 13AP2599, an opinion analyzing the retroactivity of Wisconsin Supreme Court decisions.

The case began with a rowdy nightclub in Milwaukee. The City of Milwaukee "non-renewed" Mixx Nightclub's Class B tavern license, after "numerous disturbances" at Mixx in 2011 and 2012. Mixx sought review of the Common Council's decision in the Milwaukee County Circuit Court. Relying on a recent Wisconsin Court of Appeals decision, Nowell v. Wausau, 2012 WI App 100, 344 Wis. 2d 269, 823 N.W.2d 373 (Nowell I), Judge Sankovitz conducted a de novo trial and vacated the Milwaukee Common Council's non-renewal decision. The City appealed.

After the...

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