NOVA SERVICES, INC. v. VILLAGE OF SAUKVILLE,

No. 96-2198.

211 Wis.2d 691 (1997)

565 N.W.2d 283

NOVA SERVICES, INC., Plaintiff-Appellant, v. VILLAGE OF SAUKVILLE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 7, 1997.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Daniel L. Sargeant of Schloemer, Alderson, Spella & Muehlbauer, S.C., of West Bend.

On behalf of the defendant-respondent, the cause was submitted on the brief of Gerald H. Antoine of Huiras, Farrell & Antoine of Port Washington.

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


BROWN, J.

It is undisputed by the parties that a municipal attorney may not serve as an advocate in an adversarial administrative hearing and then as an advisor to the tribunal. The Village of Saukville contends, however, that its attorney did not act as a prosecutor, but "merely conducted the hearing and elicited information from the witnesses." After reviewing the record, we conclude that the village attorney acted as both prosecutor in this adversarial proceeding...

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