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STATE v. FLOOD

No. 94-1497.

195 Wis.2d 515 (1995)

536 N.W.2d 458

STATE of Wisconsin, Plaintiff-Appellant, v. Mark A. FLOOD, d/b/a/ Ashwood Grove Mobile Home Park, Defendant-Respondent.

Court of Appeals of Wisconsin.

Oral argument May 4, 1995.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Bruce A. Craig, assistant attorney general. There was oral argument by Bruce A. Craig.

On behalf of the defendant-respondent, there was a brief submitted by John A. St. Peter and Paul W. Rosenfeldt of Edgarton, St. Peter, Petak, Massey & Bullon of Fond du Lac. There was oral argument by John A. St. Peter.

Before Anderson, P.J., Brown and Snyder, JJ.

BROWN, J.

The State charged Mark A. Flood with violating WIS. ADM. CODE § ATCP 125.02(1), which prohibits the operator of a mobile home park from requiring the purchase of a mobile home as a condition to the rental of a site at the park. These are known in the industry as "tie-ins" or "tied sales." The threshold issue is whether a plot of land which is owned by the operator and is part of the mobile home park, but which is presently undeveloped, is nonetheless...

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