City of Milwaukee v. Reischel

1. 1Benedict Reischel, pro se, appeals from the order denying his motion to reopen a default summary judgment awarding the City of Milwaukee $5000 plus costs as recovery for the cost of razing his property. Reischel argues that the court, in denying his motion to reopen the judgment, incorrectly concluded that he was the owner of the property when it was razed. This court reverses.

2. According to the undisputed facts contained in the summary judgment submissions, on April 16, 1999, the City mailed to Charles Nootens a copy of the raze order for 2443 North 35th Street in Milwaukee; on April 19, the City posted a copy of the order on the main entrance of the building at that address. Substituted personal service upon Reischel was accomplished on April 25. The raze order was published on April 26 and recorded with the register of deeds on April 28. On November 9, 1999, the City razed the property.

3. On May 1, 2000, the City filed a complaint in small claims court seeking recovery of "certain demolition and razing expenses" for the property. On September 19, 2000, when Reischel failed to appear for the scheduled hearing on the City's motion for summary judgment, the court entered default judgment for the City.

4. On March 14, 2001, Reischel moved to reopen, maintaining that he had missed the September 19, 2000 court date because, in error, he had gone to the municipal court building instead of the county courthouse where the hearing was scheduled. In his application to reopen the judgment, he asserted that he was not the owner of the property "at the time raze order was issued (on 4/16/99)." In an April 10, 2001 hearing, a transcript of which is not included in the appellate record, the court denied Reischel's motion.

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¶13. Thus, there clearly is a disputed genuine issue of material fact regarding ownership of the property at the time of the razing. Accordingly, this court reverses. See Strasser, 2000 WI 87 at ¶30.

By the Court. Order reversed.

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C.L.