STATE OF WISCONSIN CIRCUIT COURT WAUKESHA COUNTY CIVIL DIVISION

Transcription

1 STATE OF WISCONSIN CIRCUIT COURT WAUKESHA COUNTY CIVIL DIVISION William J. Craig, W232 S8545 Chateau Ln., Big Bend, WI 53103, Carol J. Craig, W232 S8545 Chateau Ln., Big Bend, WI 53103, Sharon Roder, 1847 Haymarket Rd., Waukesha, WI 53189, Keith Roder, 1847 Haymarket Rd., Waukesha, WI 53189, John Maney, W224 S10280 Big Bend Dr., Big Bend, WI 53103, Rose Maney, W224 S10280 Big Bend Dr., Big Bend, WI 53103, Janet L. Harder, S85 W23175 Chateau Ln., Big Bend, WI 53103, Carole G. Sayer, W180 S8010 Pioneer Dr., Muskego, WI 53150, Aaron Barnickel, S98 W24010 Forest Home Ave., Big Bend, WI 53103, Darrel Boehm, W231 S8605 Villa Dr., Big Bend, WI 53103, Sharon Ladwig, W231 S5937 Molla Dr., Waukesha, WI 53189, Carl Posbrig, W188 S9707 Parker Dr., Muskego, WI 53150, Case No. 14CV00398 Bonnie Posbrig, W188 S9707 Parker Dr., Muskego, WI 53150, Joseph Peterson, W224 S7530 Big Bend Dr., Big Bend, WI 53103, Elizabeth Peterson, W224 S7530 Big Bend Dr., Big Bend, WI 53103, Wayne Salentine, S79 W20465 Tyler Dr., Muskego, WI 53150, Arlene Salentine, S79 W20465 Tyler Dr., Muskego, WI 53150, Carol Porter, S102 W25985 Maple Ave., Mukwonago, WI 53149, George Porter, S102 W25985 Maple Ave., Mukwonago, WI 53149, Charles Jagunt, S85 W23280 Bullrush Ct., Big Bend, WI 53103, Patricia Jagunt, S85 W23280 Bullrush Ct., Big Bend, WI 53103, Thomas Rand, S86 W23305 Woodbury Lane, Big Bend, WI 53103, Nancy Rand, S86 W23305 Woodbury Lane, Big Bend, WI 53103, John Kleis, W254 S5920 Oakdale Dr., Waukesha, WI 53189, Sandra Wanasek, W22 S0475 Big Bend Dr., Big Bend, WI 53103, Warren Jacobi, S95 W23220 Forest Home Ave., Big Bend, 53103, Ronald Reinke, S95 W23475 Forest Home Ave., Big Bend, WI 53103, Jerome Washicheck, S90 W22785 Milwaukee Ave., Big Bend, WI 53103, Lynn Pfeil, S95 W23590 Forest Home Ave., Big Bend, WI 53103, George White, S88 W22525 Glen Haven Ct., Big Bend, WI 53103, Ruth White, S88 W22525 Glen Haven Ct., Big Bend, WI 53103, Christine Miller, W185 S9550 Parker Dr., Muskego, WI 53150, James Bourdo, W224 S10550 Big Bend Dr., Big Bend, WI 53103, Suzanne Bourdo, W224 S10550 Big Bend Dr., Big Bend, WI 53103, -vs- Plaintiffs/Petitioners, Case Classification Type: Other Injunction or Restraining Order Frederick Latzke, 2710-C S. Shore Drive, Milwaukee, WI 53217, Case Code: Catherine Alba, 6610 S. 122nd Street, Franklin, WI 53132, Richard Riesch, 9115 W. Bottsford Ave., Greenfield, WI 53228,

2 James Soneberg, S90 W22970 Rose Ave., Big Bend, WI 53103, Barbara Woppert, S105 W22860 River Ave., Big Bend, WI 53103, Leah Fickau, W228 S8910 Jackson Parkway, Big Bend, WI 53103, David Treichel, W229 S8905 Jackson Parkway, Big Bend, WI 53103, Michael Conn, W228 S8960 Jackson Parkway, Big Bend, WI 53103, Robert Heinemann, W230 S9085 Clark Street, Big Bend, WI 53103, Ronald Peterson, S91 W22935 Milwaukee Ave., Big Bend, WI 53103, Keith Peterson, W233 S8785 Meadow Lane, Big Bend, WI 53103, Defendants/Respondents. COMPLAINT (To Supplement Petition for Temporary Restraining Order/Injunction and/or Petition and Motion For Injunction Hearing) NOW COMES the plaintiffs/petitioners named above, by their attorney Nancy Phelps of Nancy Phelps, Attorney at Law, S.C., and as and for a cause of action against the defendants/respondents named above, alleges and shows to the Court as follows: 1. The following plaintiffs/petitioners are adult residents of Waukesha County and plot holders, or descendents of plot holders, of the Rural Home Cemetery of the Town of Vernon, Waukesha County, Wisconsin: a) William J. Craig, W232 S8545 Chateau Ln., Big Bend, WI b) Carol J. Craig, W232 S8545 Chateau Ln., Big Bend, WI c) Sharon Roder, 1847 Haymarket Rd., Waukesha, WI d) Keith Roder, 1847 Haymarket Rd., Waukesha, WI e) John Maney, W224 S10280 Big Bend Dr., Big Bend, WI f) Rose Maney, W224 S10280 Big Bend Dr., Big Bend, WI g) Janet L. Harder, S85 W23175 Chateau Ln., Big Bend, WI h) Carole G. Sayer, W180 S8010 Pioneer Dr., Muskego, WI i) Aaron Barnickel, S98 W24010 Forest Home Ave., Big Bend, WI j) Darrel Boehm, W231 S8605 Villa Dr., Big Bend, WI k) Sharon Ladwig, W231 S5937 Molla Dr., Waukesha, WI l) Carl Posbrig, W188 S9707 Parker Dr., Muskego, WI m) Bonnie Posbrig, W188 S9707 Parker Dr., Muskego, WI n) Joseph Peterson, W224 S7530 Big Bend Dr., Big Bend, WI o) Elizabeth Peterson, W224 S7530 Big Bend Dr., Big Bend, WI p) Wayne Salentine, S79 W20465 Tyler Dr., Muskego, WI q) Arlene Salentine, S79 W20465 Tyler Dr., Muskego, WI r) Carol Porter, S102 W25985 Maple Ave., Mukwonago, WI s) George Porter, S102 W25985 Maple Ave., Mukwonago, WI 53149

3 t) Charles Jagunt, S85 W23280 Bullrush Ct., Big Bend, WI u) Patricia Jagunt, S85 W23280 Bullrush Ct., Big Bend, WI v) Thomas Rand, S86 W23305 Woodbury Lane, Big Bend, WI w) Nancy Rand, S86 W23305 Woodbury Lane, Big Bend, WI x) John Kleis, W254 S5920 Oakdale Dr., Waukesha, WI y) Sandra Wanasek, W22 S0475 Big Bend Dr., Big Bend, WI z) Warren Jacobi, S95 W23220 Forest Home Ave., Big Bend, aa) Ronald Reinke, S95 W23475 Forest Home Ave., Big Bend, WI bb) Jerome Washicheck, S90 W22785 Milwaukee Ave., Big Bend, WI 53103; P.O. Box 125, Big Bend, WI (mailing address) cc) Lynn Pfeil, S95 W23590 Forest Home Ave., Big Bend, WI dd) George White, S88 W22525 Glen Haven Ct., Big Bend, WI ee) Ruth White, S88 W22525 Glen Haven Ct., Big Bend, WI ff) Christine Miller, W185 S9550 Parker Dr., Muskego, WI gg) James Bourdo, W224 S10550 Big Bend Dr., Big Bend, WI hh) Suzanne Bourdo, W224 S10550 Big Bend Dr., Big Bend, WI Defendants/respondents are adult officers and/or trustees of the Rural Home Cemetery Association and/or Trustees, officers or employees of the Village of Big Bend, Waukesha County, as follows: a) Frederick Latzke is the President, Secretary and Treasurer of the Rural Home Cemetery Association and resides in Milwaukee County at 2710-C South Shore Drive, Milwaukee, Wisconsin 53207; b) Catherine Alba is a Trustee of the Rural Home Cemetery Association and resides in Milwaukee County at 6610 S. 122nd Street, Franklin, WI 53132; c) Richard Riesch is an officer of the Rural Home Cemetery Association and resides in Milwaukee County at 9115 W. Bottsford Ave., Greenfield, WI 53228; d) James Soneberg is the President of the Village of Big Bend and resides in Waukesha County at S90 W22970 Rose Ave., Big Bend, WI ; e) Barbara Woppert is the Big Bend Village Clerk and resides in Waukesha County at S105 W22860 River Ave., Big Bend, WI 53103; f) Leah Fickau is a Trustee of the Village of Big Bend and resides in Waukesha County at W228 S8910 Jackson Parkway, Big Bend, WI 53103; g) David Treichel is a Trustee of the Village of Big Bend and resides in Waukesha County at W229 S8905 Jackson Parkway, Big Bend, WI 53103; h) Michael Conn is a Trustee of the Village of Big Bend and resides in Waukesha County at W228 S8960 Jackson Parkway, Big Bend, WI 53103; i) Robert Heinemann is a Trustee of the Village of Big Bend and resides in Waukesha County at W230 S9085 Clark Street, Big Bend, WI 53103; j) Ronald Peterson is a Trustee of the Village of Big Bend and resides in Waukesha County at S91 W22935 Milwaukee Ave., Big Bend, WI 53103; k) Keith Peterson is a Trustee of the Village of Big Bend and resides in Waukesha County at W233 S8785 Meadow Lane, Big Bend, WI

4 3. Rural Home Cemetery is located in the Town of Vernon, Waukesha County with address of S96 W23480 Forest Home Avenue, bordered by the Fox River on the north, County Highway L on the south, just west of River Oaks Drive and just east of Klein Lane, and was created with by-laws on June 1, 1872 as the Rural Home Association, although there are burials therein prior to that date, with a name change to the Rural Home Cemetery Association on May 4, That the above-named plaintiffs/petitioners filed a request for a Temporary Restraining Order and Notice of Injunction Hearing, along with a supporting Petition for Temporary Restraining Order/Injunction and/or Petition and Motion for Injunction Hearing, against the above-named defendants/respondents on February 24, 2014, which was signed by the Honorable Lee S. Dreyfus, Jr. on February 24, 2014 and ordered a hearing on the request to make the restraining order/injunction permanent for March 12, That defendant/respondent Frederick Latzke's attorney, Michael D. Schumann; and defendants/respondents James Soneberg, Barbara Woppert, Leah Fickau, David Treichel, Michael Conn, Robert Heinemann, Ronald Peterson and Keith Peterson's attorney, Crivello Carlson, S.C. by Remzy D. Bitar and Benjamin A. Sparks requested an adjournment of the hearing set for March 12, 2014 and drafted a Stipulation and Order that was signed by counsel and by the Court on March 11, 2014, with the hearing being adjourned to June 3, That in said Stipulation and Order Regarding Temporary Restraining Order signed by the Court on March11, 2013, defendants/respondents state they will not file any motions against petitioners [plaintiffs] during the pendency of the adjournment for "sanctions," "motion to dismiss for failure to state a claim, " "motion to disqualify petitioners' counsel," nor would they file briefs in opposition to the request for any injunction, nor file motions or responsive pleadings (see attached Stipulation and Order regarding Temporary Restraining Order, page 2, paragraph 3). 7. To that end, the plaintiffs/petitioners file this supplemental Summons and Complaint in response to those allegations. 8. Petitioners' Temporary Restraining Order and Notice of Injunction Hearing file stamped February 24, 2014 and petitioners' Petition for Temporary Restraining Order/Injunction and/or Petition and Motion for Injunction Hearing file stamped February 24, 2014 are hereby attached and re-alleged and reasserted as if fully set forth herein. 9. Upon information and belief, it appears that perpetual care funds were used for the land contract payments to purchase the additional land for the Rural Home Cemetery, which appears to be contrary to Wis. Stats. Sec (9g)(a)(2) and Wis. Stats. Sec (2)(b). (See attached handwritten log of payments on the land contract.)

5 FIRST CAUSE OF ACTION: CONVERSION 10. Plaintiffs/petitioners re-allege and reassert paragraphs 1-9 as if fully set forth herein 11. That the plaintiffs/petitioners, as plot holders of the Rural Home Cemetery Association, were the lawful owners of the property and assets of said Cemetery and had possession of said Cemetery at the time it was deeded to the Village of Big Bend. 12. That the Village of Big Bend defendants/respondents, and by virtue of their positions, upon information and belief, did not remunerate the plaintiffs/petitioners for their said assets, property and real estate but upon information and belief said transfer is for the benefit of the Village of Big Bend as set forth in the attached Petition for Temporary Restraining Order/Injunction and/or Petition and Motion for Injunction Hearing, paragraph 10, or some similar use. 13. That the Village of Big Bend "Board Minutes" of July 11, 2013, page 4 states that "Fred Latzke from Rural Home Cemetery gave the Village their mower and trimmer" which was prior to the resolution and approval of the transfer of the said cemetery to the Village of Big Bend. 14. That the plaintiffs/petitioners did not consent to the gift of the Cemetery mower and trimmer nor the deeding of said Cemetery to the Village of Big Bend. 15. That the defendants/respondents conversion of said property has caused the plaintiffs/petitioners economic and non-economic harm and will continue to do so in the future. SECOND CAUSE OF ACTION: UNJUST ENRICHMENT 16. Plaintiffs/petitioners re-allege and reassert paragraphs 1-15 as if fully set forth herein. 17. That defendants/respondents have been unjustly enriched to the detriment of the plaintiffs/petitioners and received property and assets to which they were not entitled to and for which they did not compensate plaintiffs/petitioners. 18. That defendants/respondents have and will continue to benefit from their unlawful retention of plaintiffs/petitioners' property. 19. That plaintiffs/petitioners have suffered and continue to suffer economic harm in the future. THIRD CAUSE OF ACTION: VIOLATION OF WISCONSIN OPEN MEETINGS LAW 20. Plaintiffs/petitioners re-allege and reassert paragraphs 1-19 as if fully set forth herein.

6 21. That defendants/respondents Frederick Latzke, Catherine Alba and Richard Riesch, together with defendants/respondents James Soneberg and Leah Fickau and, upon information and belief, members of the Soneberg and Fickau families, were the only attendees at a meeting of the Rural Home Cemetery Association on April 27, Upon information and belief, the sole purpose of the meeting was to transfer ownership of land, monetary assets and maintenance rights from the Association to the Village of Big Bend. 22. Defendant/respondent Soneberg is Village of Big Bend President, and defendant/respondent Fickau is a Village of Big Bend Trustee and the two of them comprise 2/3 of the Village of Big Bend Finance Committee, thereby resulting in a quorum of members present from that committee. Upon information and belief, no prior announcement (disclosure) was made that such a quorum would be present nor was there any disclosure that the quorum would be voting on a matter which would transfer substantial assets from the Rural Home Cemetery Association to the Village of Big Bend. 23. That the defendants/plaintiffs knew, or should have known, that by allegedly violating the open meetings law, upon information and belief, they were disregarding plaintiffs/petitioners' rights to their detriment and to their current and future economic harm. FOURTH CAUSE OF ACTION: PUNITIVE DAMAGES 24. Plaintiffs/petitioners re-allege and reassert paragraphs 1-23 as if fully set forth herein. 25. That defendants/respondents' actions and/or inactions were. upon information and belief, in intentional disregard of plaintiffs/petitioners' rights and defendants/respondents acted with malice towards said plaintiffs/petitioners. 26. That plaintiffs/petitioners have incurred and will continue to incur economic and non-economic loss and damage as a result of said acts by defendants/respondents. WHEREFORE, plaintiffs/petitioners seek the following relief from this Court: A. A permanent injunction requiring the defendants/respondents to immediately take all necessary steps to have the Village of Big Bend return ownership of the Rural Home Cemetery Association and all its depository accounts, real estate and any other assets to the Rural Home Cemetery Association; B. That defendants/respondents be held jointly and severally liable for all damages, including but not limited to compensatory and punitive damages. C. An award of actual attorney fees, costs and disbursements incurred by the plaintiffs/petitioners in this action and statutory interest.

7 D. Such other relief as the Court deems just and proper. Dated May, Nancy Phelps (SBN ), Attorney for Plaintiffs/Petitioners Nancy Phelps, Attorney at Law, S.C. 759 N. Milwaukee Street, Suite 206 Milwaukee, WI (414)