Court of Appeals overturns city's attempt to shut down Family Dollar store.

Byline: WISCONSIN LAW JOURNAL STAFF

Britt Frank of Gimbel, Reilly, Guerin & Brown has won a verdict in FAMILY DOLLAR STORES OF WISCONSIN LLC and Lonnie McCaffety, Agent, Petitioners-Appellants, v. CITY OF MILWAUKEE and City of Milwaukee Common Council, Respondents-Respondents.

In the case, the Court of Appeals District 1 overturned a city of Milwaukee attempt to shut down a Family Dollar store near 27th and Kilbourn, which is in a predominantly low income neighborhood and serves many people who receive Supplemental Nutrition Assistance Program (SNAP) benefits.

The court ruled on Oct. 11 that the city denied Family Dollar its due process rights by providing insufficient notice of the alleged basis for the license denial and the failure to hold a "fair and impartial hearing" before the City's Licensing Committee. The...