Wisconsin Statutes
Wis. Stat. § 823.114 (2026)
Judgment and order of sale of property
✓ current as of July 2026
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823.114(1)(1) If the existence of the nuisance is established in an action under s. 823.113, an order of abatement shall be entered as part of the judgment in the case. In that order, the court shall do all of the following:
823.114(1)(a)(a) Direct the removal from the building or structure of all furniture, equipment and other personal property used in the nuisance.
823.114(1)(d)(d) Order the closure of the building or structure until all building code violations are corrected and a new certificate of occupancy is issued if required by the city, town or village within which the property is located and the building or structure is released under s. 823.15 or sold under s. 823.115.
823.114(1)(e)(e) Order the sale of the building or structure and the land upon that it is located or, if the requirements under s. 66.0413 (1) (c) are met, order that the building or structure be razed, the land sold, and the expense of the razing collected under s. 823.06.
823.114(2)(2) Any person breaking and entering or using a building or structure ordered closed under sub. (1) shall be punished for contempt under s. 823.12.
Notes of Decisions
Cited in 3
cases (1 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). “See § 823.114(1), Stats. Abatement of the nuisance by the property's owner prevents the property from being closed and sold, § 823.”
Thomas More High Sch. v. Burmaster, 2005 WI App 204 (Wis. Ct. App. 2005). “§ 823.114(l)(d) authorizes the circuit court to order closure of buildings deemed to be nuisances "until all building code violations are corrected and a new certificate of occupancy is issued if required by the city, town or village within which the property is located.”
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.”
— Wis. Stat. § 823.114(1) — 2 cases
City of Milwaukee v. Arrieh, 565 N.W.2d 291 (Wis. Ct. App. 1997). “See § 823.114(1), Stats. Abatement of the nuisance by the property's owner prevents the property from being closed and sold, § 823.”
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.”
— Wis. Stat. § 823.114(l)(d) — 1 case
Thomas More High Sch. v. Burmaster, 2005 WI App 204 (Wis. Ct. App. 2005). “§ 823.114(l)(d) authorizes the circuit court to order closure of buildings deemed to be nuisances "until all building code violations are corrected and a new certificate of occupancy is issued if required by the city, town or village within which the property is located.”
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