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TOWN OF MT. PLEASANT v. WERLEIN

No. 83-1566.

119 Wis.2d 90 (1984)

349 N.W.2d 102

TOWN OF MT. PLEASANT, Plaintiff-Respondent, v. Norman WERLEIN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 25, 1984.

Attorney(s) appearing for the Case

For the defendant-appellant, the cause was submitted on the brief of Michael J. Piontek, of Racine.

For the plaintiff-respondent, the cause was submitted on the brief of Lincoln K. Murphy of Josten, DuRocher & Murphy, S.C., of Racine.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

Norman Werlein was found guilty of violating the Mt. Pleasant nonconforming use ordinance and was fined $100 plus costs, including actual attorney fees of $4,380.40. Werlein maintains on appeal that the imposition of actual attorney fees was an improper item of the "costs of prosecution." We agree and reverse the trial court's award of costs. Other issues raised will also be discussed.

The property in question was leased to Richard Woten, who operated...

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