Opinion
No. 2014AP355.
2014-07-8
CITY OF MILWAUKEE, Plaintiff–Respondent, v. B. DAVIS INVESTMENT CO. LLC, Defendant–Appellant.
Appeal from an order of the circuit court for Milwaukee County: Bonnie L. Gordon, Judge. Affirmed.
¶ 1 KESSLER, J.
This appeal is decided by one judge pursuant to Wis. Stat. § 752.31(2) (2011–12). All references to the Wisconsin Statutes are to the 2011–12 version unless otherwise noted.
Brian E. Davis appeals an order of the circuit court affirming an order of the municipal court. We affirm.
¶ 10 As to Davis's remaining claims, the circuit court properly recognized that it did not have jurisdiction over those issues because the municipal court did not have the requisite jurisdiction. Municipal court jurisdiction is limited to the resolution of alleged violations of municipal ordinances, see Wis. Stat. ch. 800, including ancillary issues pertinent to the municipal courts' exercise of that jurisdiction. See City of Milwaukee v. Wroten, 160 Wis.2d 207, 222, 466 N.W.2d 861 (1991) (“We conclude that, once a court, including a municipal court, appropriately invokes its jurisdiction, it has the power to exercise all of its constitutional powers within the framework of that conferred jurisdiction.”). Therefore, the only appealable issue before the circuit court concerned the municipal court's handling of the alleged building code violations. When the municipal court dismissed the case without prejudice, the only question properly before the circuit court was whether the municipal court erred in doing so. Consequently, that is also the only appealable issue before this court.
Davis's due process and civil rights allegations are pending before the federal court—Davis has not been left without an opportunity to litigate his allegations.
Order affirmed.
This opinion will not be published. See Wis. Stat. RuleE 809.23(1)(b)4.