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KENSINGTON DEVELOPMENT v. ISRAEL

No. 86-0846.

142 Wis.2d 894 (1988)

419 N.W.2d 241

KENSINGTON DEVELOPMENT CORPORATION and LRB Associates, Ltd., Plaintiffs-Appellants, v. Scott M. ISRAEL and Stephen L. Cleary, Defendants-Respondents-Petitioners, Derald WEST and David P. Sweeney, Defendants-Respondents,

Supreme Court of Wisconsin.

Decided February 18, 1988.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners (Cleary) there was a brief by Edward A. Hannan and Godfrey, Trump & Hayes, Milwaukee and oral argument by Edward A. Hannan.

For the defendants-respondents-petitioners (Israel) there were briefs by James G. Allison and Whyte & Hirschboeck, S.C., Milwaukee and oral argument by James G. Allison.

For the plaintiffs-appellants there was a brief by Thomas D. Georgeson, and Johnson, Brendemuehl & Georgeson, Oconomowoc, and Mary Anne Gerstner, Tom W. Stonecipher and Burke, Griffin, Chomicz & Wienke, Chicago and oral argument by Thomas D. Georgeson and Bill Dwyer.

STEINMETZ, J.

The issue in this case is whether Wisconsin's common law privilege from liability for relevant statements made in judicial proceedings provides an absolute defense against the tort of slander of title for filing a false, sham or frivolous lis pendens notice, notwithstanding the provisions of sec. 706.13(1), Stats.,1 which expressly provide a cause of action and a statutory penalty for slander of title in such circumstances...

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