Wisconsin Statutes
Wis. Stat. § 823.113 (2026)
Drug or criminal gang house a public nuisance
✓ current as of July 2026
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823.113(1)(1) Any building or structure that is used to facilitate the delivery, distribution or manufacture, as defined in s. 961.01 (6), (9) and (13) respectively, of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), and any building or structure where those acts take place, is a public nuisance and may be proceeded against under this section.
823.113(1m)(b)(b) Any building or structure that is used as a meeting place of a criminal gang or that is used to facilitate the activities of a criminal gang, is a public nuisance and may be proceeded against under this section.
823.113(2)(2) If a nuisance exists, the city, town or village where the property is located may maintain an action in the circuit court to abate the nuisance and to perpetually enjoin every person guilty of creating or maintaining the nuisance, the owner, lessee or tenant of the building or structure where the nuisance exists and the owner of the land upon which the building or structure is located, from continuing, maintaining or permitting the nuisance.
823.113(3)(3) If the existence of the nuisance is shown in the action to the satisfaction of the court, either by verified complaint or affidavit, the court shall issue a temporary injunction to abate and prevent the continuance or recurrence of the nuisance, including the issuance of an order requiring the closure of the property. Any temporary injunction issued in an action begun under this subsection shall be issued without requiring the undertaking specified in s. 813.06.
823.113(4)(4) In ruling upon a request for closure, whether for a defined or undefined duration, the court shall consider all of the following factors:
823.113(4)(b)(b) Prior efforts by the defendant to comply with previous court orders to abate the nuisance.
823.113(4)(c)(c) The nature and extent of any effect that the nuisance has upon other persons, such as residents or businesses.
823.113(4)(d)(d) The effect of granting the request upon any resident or occupant of the premises who is not named in the action, including the availability of alternative housing or relocation assistance, the pendency of any action to evict a resident or occupant and any evidence of participation by a resident or occupant in the nuisance activity.
823.113 AnnotationAn order under this section for closure and sale of an apartment house did not violate the constitutional protection against excessive fines. City of Milwaukee v. Arrieh, 211 Wis. 2d 764, 565 N.W.2d 291 (Ct. App. 1997), 96-0482.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 1997–2023 · leading case: City of Milwaukee v. Arrieh, 565 N.W.2d 291 (Wis. Ct. App. 1997).
City of Milwaukee v. Arrieh, 565 N.W.2d 291 (Wis. Ct. App. 1997). “of Milwaukee commenced an abatement action against Arrieh alleging that he owned an apartment building in which there was drug activity and that, although two formal notices to abate that activity were served on him, the building "has continued to be used to facilitate the…”
City of New Lisbon v. Michael W. Muller, 2023 WI App 65 (Wis. Ct. App. 2023). “In its response brief, the City asserts that this court “may not have jurisdiction” because the circuit court did not enter a final order or judgment disposing of the entire matter in litigation as to one or more of the parties. Muller did not file a reply brief or 3 The City in…”
Schworck, Jesse v. Madison Police Dep't (W.D. Wis. 2021). “) Judge Ehlke further considered whether The Lion violated Wis. Stat. § 823.113 , titled “Drug or criminal gang house a public nuisance.”
— Wis. Stat. § 823.113(1) — 1 case
City of Milwaukee v. Arrieh, 565 N.W.2d 291 (Wis. Ct. App. 1997). “of Milwaukee commenced an abatement action against Arrieh alleging that he owned an apartment building in which there was drug activity and that, although two formal notices to abate that activity were served on him, the building "has continued to be used to facilitate the…”
— Wis. Stat. § 823.113(2) — 1 case
City of Milwaukee v. Arrieh, 565 N.W.2d 291 (Wis. Ct. App. 1997). “of Milwaukee commenced an abatement action against Arrieh alleging that he owned an apartment building in which there was drug activity and that, although two formal notices to abate that activity were served on him, the building "has continued to be used to facilitate the…”
— Wis. Stat. § 823.113(4) — 1 case
City of Milwaukee v. Arrieh, 565 N.W.2d 291 (Wis. Ct. App. 1997). “of Milwaukee commenced an abatement action against Arrieh alleging that he owned an apartment building in which there was drug activity and that, although two formal notices to abate that activity were served on him, the building "has continued to be used to facilitate the…”
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