The Wisconsin Supreme Court has accepted Koble for review!

By:      Kirsten Fagerland Pezewski, Pezewski Law Offices, S.C.

            February 16, 2025

On February 12, 2025, the Wisconsin Supreme Court accepted the matter of Koble Investments v. Elicia Marquardt, 2022AP000182, for review.  It has been a long wait to see whether this case would be reviewed.  The Petition for Review was filed by attorneys for Koble Investments on May 23, 2024.

After the filing of the Petition for Review, Rental Property Association of Wisconsin, Inc., and its partner organizations (Wisconsin Realtors Association, Apartment Association of Northeast Wisconsin, Inc., Fox Valley Apartment Association, Inc., and Kenosha Landlord Association, Inc.) filed an amicus (friend of the court) brief, together with a supplement to the original brief.  The amicus brief was filed with the Court on June 6, 2024.

The amicus brief argued to the court that the damages awarded in the Koble case by the Court of Appeals were not correct because the Court of Appeals:

·       Incorrectly applied the Wisconsin Consumer Act to residential leases

·       Ignored the periodic tenancy that existed despite the allegedly voided lease

·       Incorrectly held that the tenant’s rent payments were a pecuniary loss

·       Failed to require the tenant to show a causal connection between the violation and purported harm

The purpose of the amicus brief was to explain to the Supreme Court why it should grant the landlord’s petition for review, and the Court has granted the petition for review.  Now, the Court of Appeals decision will be reviewed, and the Wisconsin Supreme Court will have the opportunity to change or modify the law made by the decision of the Court of Appeals.

The Wisconsin Supreme Court has set a briefing schedule for the parties.  Koble’s brief is due March 14, 2025, and the tenant’s attorney’s brief is due 20 days after the Koble brief.  Koble will have 10 days to file a brief in reply.  When briefs are filed, the Court will most likely set this matter for oral arguments.  The RPA does not expect a decision is likely to be issued prior to August of 2025.

RPA and its partner organizations are considering filing additional amicus briefs.