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eBook details

• Title: City Wisconsin Dells v. Dells Fireworks
• Author : Court of Appeals of Wisconsin
• Release Date : January 21, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

VERGERONT, J. Dells Fireworks, Inc., Anthony Cornellier and Diane M. Cornellier appeal from a summary judgment permanently enjoining them from selling or delivering fireworks except under certain conditions. They also appeal from an order finding them in contempt of that injunction. 1 The trial court concluded that Dells Fireworks, Inc. and the Cornelliers (collectively, ""Dells Fireworks"") had violated § 167.10(2) and (3), STATS., which regulates the sale and use of fireworks, and the City of Wisconsin Dells ordinance which mirrors the statute. Section 167.10(2) and (3) limits and defines the situations in which fireworks may be sold, used or possessed. With certain exceptions, sales are prohibited except to persons holding permits under the statute. 2 Dells Fireworks contends that: (1) the trial court erred in concluding that the devices it sold were fireworks within the meaning of § 167.10(1), STATS.; (2) because of its federal license under 18 U.S.C. § 843, 3 Dells Fireworks is incapable of violating § 167.10(2); (3) the persons to whom it sold the devices had proper permits under §§ 167.10(2)(a) and 167.10(3)(c)6; and (4) the dismissal of a related action in another branch of the trial court requires the dissolution of the injunction. We reject each of these contentions and we affirm the injunction. We also affirm the order finding Dells Fireworks in contempt and the remedies imposed.

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