Dustin Woehl

Notable Engagements

Litigated a property tax exemption dispute involving the scope of Wisconsin’s statutory exemption for “retirement homes for the aged”; successfully secured reversal of a trial court ruling that had granted tax-exempt status to a nonprofit’s duplex housing, with the Court of Appeals holding that the properties did not meet the statutory definition and directing entry of judgment in favor of the municipal client. See Pine Haven Christian Home, Inc. v. Village of Oostburg, Case No. 2023AP942 (Wis. Ct. App. June 19, 2024).

Lead appellate counsel for the defendant-appellant insurer in high-stakes litigation arising from a workplace injury; represented the insurer in opposition to tort claims that followed the employee’s self-inflicted gunshot after denial of prescribed antidepressant medication. The litigation required nuanced interpretation of the Wisconsin Worker’s Compensation Act’s exclusive-remedy provision—successfully securing summary judgment and affirmance by the Wisconsin Supreme Court, which concluded that the tort claim fell within the exclusive remedy provided by the Act. See Graef v. Continental Indemnity Co., Case No. 2018AP1782 (Wis. Ct. App., Feb. 4, 2020); aff’d, 2021 WI 45.

Represented a Wisconsin municipality in litigation challenging the enforcement of local ordinances regulating the storage of junked and inoperable vehicles; obtained summary judgment in the circuit court and prevailed on appeal, with the Wisconsin Court of Appeals affirming dismissal of constitutional claims and holding that the Village acted within its lawful authority and provided ample notice and opportunity to be heard before abating ordinance violations. See Jensen v. Village of Somers, Case No. 2019AP390 (Wis. Ct. App. Jan. 20, 2021).

Counsel for municipality in litigation defending against property tax refund claims brought by the owner of a low-income housing development; successfully obtained summary judgment dismissing both excessive assessment and unlawful tax claims, and prevailed on appeal, with the Court of Appeals affirming that the dispute concerned an excessive assessment—requiring compliance with statutory review procedures—and that no unlawful tax had been imposed. See Historic Berlin School Apartments, LLC v. City of Berlin, Case No. 2019AP1688 (Wis. Ct. App. Oct. 28, 2020).

Counsel for a Wisconsin municipality in a high-value property tax assessment dispute involving a national big-box retailer; successfully defended the Village’s multi-million-dollar assessments through a four-day bench trial, persuading the court to reject the taxpayer’s “dark store” comparables and to credit the Village’s cost-approach valuation over the taxpayer’s expert’s analysis. The Wisconsin Court of Appeals affirmed in full, upholding the trial court’s findings on mass appraisal methodology, the absence of reasonably comparable sales, and the credibility of the Village’s expert. See Lowe’s Home Centers, LLC v. Village of Plover, Case No. 2019AP974 (Wis. Ct. App. Oct. 29, 2020).

Counsel for Wisconsin town in a civil rights suit under 42 U.S.C. § 1983, defending the Wisconsin Town and its Board against First Amendment–based claims by local residents; following robust summary judgment practice, secured dismissal of many claims at summary judgment and prevailing on motions to limit discovery and strike belated witnesses. See Brewer v. Town of Eagle, No. 20‑CV‑1820 (E.D. Wis.)

Counsel for a Wisconsin municipality’s extraterritorial zoning board of appeals in a closely watched land-use dispute over a setback variance for a waterfront property. Authored the briefs that persuaded the Wisconsin Supreme Court to affirm in full, clarifying statewide law on when the 30-day certiorari review period begins and reinforcing the validity of including written decisions and approved minutes in the official record. The decision provides important guidance to municipalities and property owners alike on the procedural rules governing zoning appeals and the limits of due process challenges to local land-use decisions. See Moreschi v. Village of Williams Bay & Town of Linn ETZ Zoning Bd. of Appeals, 2020 WI 95.

Represented the owner of a Wisconsin power plant in high-stakes litigation arising from a catastrophic workplace accident during the demolition of a 1,000-foot industrial chimney; authored the winning dispositive motions that secured summary judgment in the trial court and complete affirmance on appeal. The Wisconsin Court of Appeals agreed with the defense’s position that the owner bore no liability under Wisconsin law for injuries to an independent contractor’s employee—rejecting plaintiff’s theories under the “affirmative act” and “extrahazardous activity” exceptions and holding that the safe-place statute did not apply where the injury arose solely from the contractor’s unsafe method of operation. See Price v. American International Group, Inc., 2020 WI App 41, 945 N.W.2d 365, No. 2019AP57.

Counsel for defendant school districts in a multi-plaintiff challenge to Wisconsin’s inter-district open-enrollment law under the ADA and Rehabilitation Act; secured summary judgment in the trial court and then obtained affirmance on appeal, which confirmed that capacity-based decisions tied to a student’s IEP are lawful and that the requested changes would fundamentally alter the program. See P.F. by A.F. v. Taylor, 914 F.3d 467 (7th Cir. 2019)

Counsel for a Wisconsin municipality in a Wisconsin Supreme Court property-tax assessment dispute that clarified and strengthened statewide assessment law. Crafted the appellate strategy and authored the winning briefs that secured affirmance of the Board of Review’s decision and denial of post-judgment relief. The Supreme Court held that “actual use” of property—not zoning, injunctions, or restrictive covenants—controls its tax classification, and found the taxpayer failed to prove agricultural use, leaving the residential classification intact. Cited by the Wisconsin Department of Revenue as key authority, the decision now serves as statewide guidance for certiorari review of board proceedings and reinforces municipal assessment authority. See Thoma v. Village of Slinger, 2018 WI 45.

Represented a Wisconsin school district and parents in a widely publicized lawsuit brought by three varsity athletes after a locker-room cellphone incident. Developed and executed the legal strategy that dismantled every claim—contract, defamation, negligence (governmental immunity), civil conspiracy, and intentional infliction of emotional distress—winning summary judgment across the board. On appeal, the Wisconsin Court of Appeals affirmed in full, adopting the defense’s positions that the student handbook and activities code did not create contractual rights, the statements at issue were non-actionable opinion or substantially true, and that no basis existed for spoliation sanctions. The decision not only protected the clients from substantial liability but also reinforced important principles of governmental immunity and student-discipline law. See Kopp v. School District of Crivitz, 2016AP945, 378 Wis. 2d 740, 905 N.W.2d 843 (Wis. Ct. App. Oct. 3, 2017).

Represented the Fox Valley Workforce Development Board and its subsidiary in defense of a qui tam False Claims Act lawsuit; secured summary judgment in the district court and affirmance in the Seventh Circuit, which dismissed the qui tam claim for lack of jurisdiction under the public-disclosure bar and affirmed judgment on the retaliation claim, finding no evidence of protected activity. See United States ex rel. Ziebell v. Fox Valley Workforce Development Board, Inc., No. 14-1780 (7th Cir. Nov. 25, 2015).

Counsel for a national insurance company in a high-stakes coverage battle stemming from a fatal automobile accident; won reversal of a trial court ruling that had stripped coverage, with the Wisconsin Court of Appeals siding with the defense on vehicle ownership, permission to use, and umbrella policy requirements. See Laack v. Massachusetts Bay Ins. Co., No. 2015AP461 (Wis. Ct. App. Dec. 30, 2015).

Represented a Wisconsin municipality in a closely watched billboard dispute over whether a sign company could realign and relocate an outdoor advertising structure after a DOT condemnation. Secured a complete reversal of an adverse circuit court ruling, with the Court of Appeals holding that the zoning board had inherent authority to reconsider its prior decision when based on mistake, that the DOT’s condemnation had extinguished the company’s lease and permit rights, and that no qualifying realignment had ever been proposed under state law. The decision preserved the Village’s zoning authority, prevented a costly windfall to the sign company, and provided important statewide guidance on reconsideration powers and billboard regulation. See NextMedia Outdoor, Inc. v. Village of Howard, 2014AP1005, 362 Wis. 2d 539, 865 N.W.2d 885 (Wis. Ct. App. Apr. 14, 2015).

Counsel for manufacturer defendants in a wrongful-death asbestos suit brought by the estate of an artist and professor who developed mesothelioma. Secured complete summary judgment by demonstrating that plaintiffs lacked evidence to prove the decedent used the specific clay formulation alleged to contain asbestos, defeating multiple theories of liability—including negligence, failure to warn, breach of warranty, and punitive damages. The ruling spared the clients from protracted trial proceedings and stands as a strong precedent on the proof required to link a product to an alleged asbestos exposure. See Miller v. American Art Clay Co., Inc., No. 12-cv-516-jdp (W.D. Wis. June 23, 2014).

Publications and Presentations

• Adams v. Northland Equipment Co.: Employees Do Not Have The Right To Unreasonably Block Settlements Of Third Party Claims Under Wis. Stat. sec. 102.29, Wisconsin Defense Counsel Journal
• No Duty is Dead, Long Live No Duty, Wisconsin Defense Counsel Journal, 2009
• Punitive Damages Against a Drunk Driver, Wisconsin Lawyer, 2005
• Ripples in Opperman’s Pond, Book Review, Wisconsin Lawyer, 2014
• The Spirit of Want, Book Review, Wisconsin Lawyer, 2013
• High Conflict People in Legal Disputes, Book Review, Wisconsin Lawyer, 2006
• Taking and Defending Depositions, Book Review, Wisconsin Lawyer, 2004

Dustin has also delivered numerous presentations locally and nationally through the National Business Institute, Wisconsin Defense Counsel, and other organizations on topics including premises liability, personal injury litigation, auto injury litigation, civil procedure, insurance defense, insurance bad faith, uninsured and underinsured motorist litigation, subrogation, and insurance issues related to ride-share arrangements.