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CITY OF SHEBOYGAN v. NYTSCH

No. 2005AP2767.

722 N.W.2d 626 (2006)

2006 WI App 191

CITY OF SHEBOYGAN, Plaintiff-Appellant, v. Steven NYTSCH, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed August 2, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Charles C. Adams, Assistant City of Attorney, Sheboygan.

On behalf of the defendant-respondent, the cause was submitted on the brief of Chad A. Lanning of Law Offices of Barry S. Cohen, S.C., Elkhart Lake.

Before SNYDER, P.J., and NETTESHEIM and ANDERSON, JJ.

¶ 1 ANDERSON, J.

In this drunk driving matter, the City of Sheboygan argues the circuit court erred in suppressing evidence for lack of probable cause to arrest and dismissing its case against Steven Nytsch for lack of evidence. The court based its decision on issue preclusion asserted to arise from a circuit court order reviewing a Department of Transportation (DOT) administrative hearing on the administrative suspension of Nytsch's driver's license. We hold...

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