Joseph R. Cincotta
Select Cases / Published Decisions
- PRN Associates LLC et al v State of Wisconsin Department of Administration, 2007AP476
Represent business consortium LLC on challenge to the State’s abandonment and termination of pending state contract with that entity and a successor entity; multiple challenges filed and processed through administrative review and pending in circuit court. Cases involve applicability of regulatory guidelines for contracting with State and state agencies. Damages claim is substantial and raises statutory and common law issues related to sovereign immunity. Case argued at Wisconsin Supreme Court on March 5, 2009. Decision pending
- Town of Rhine v. Bizzell, Published at 311 Wis.2d 1 (2008).
Represented Town in action regarding constitutionality of Town’s conditional use permit ordinance and authority to establish conduct as public nuisance. Case was certified to the Wisconsin Supreme Court by Court of Appeals. Prevailed regarding nuisance claim. Court determined constitutionality of restrictive ordinance and established law on conditional use permits.
- State of Wisconsin v. Defendant.
Defense of private property owner in State DNR/Attorney General enforcement prosecution. Case involved construction work done at various properties throughout Wisconsin and applicability of federal wetlands laws and rules to Wisconsin counterparts in the areas of waterway creation and expansion and wetlands impacts. Succeeded in obtaining imposition of only very modest fine against strict liability provisions in Statutes and regulatory code.
- McDonald v. Excel Engineering and Adashun Jones, Case No. 03-CV-552 (Fond Du Lac County). Prevailed after jury trial in defense of civil and architectural design and engineering firm regarding claim of excess stormwater runoff to neighboring property. Case involved analysis of methodology used to model stormwater flows for residential subdivision development and application of reasonable use doctrine. Jury verdict in our favor confirmed by circuit court in November 2008.
- Osterhues v. Board of Adjustment for Washburn County et al.,
Decision published at 282 Wis.2d 228 (2005). Represented three property owners and taxpayers of Town of Beaverbrook in Washburn County near Spooner, WI. County Highway Department sought a conditional use permit to construct and operate a non-metallic mine/gravel pit on the 40-acre property adjacent to client's homes. Case raised issues regarding the appropriate scope of review of Boards of Adjustment, whether a conditional use that will create a nuisance, and the adequacy of the mining reclamation plan prepared by the County under its own ordinances and Wisconsin DNR regulations NR 135. Plaintiffs prevailed in circuit court. County and BOA appealed and District III Court of Appeals in Wausau reversed. Wisconsin Supreme Court heard oral arguments February 1, 2005 and reversed in our favor on April 27, 2005.
- Home Valu v. Pep Boys - Manny, Moe and Jack of Delaware, Inc.
Published decision at 213F.2d 960 (7th Cir 2000). Opinion at Appeal No. 99-1168. Counsel on Appeal for Home Valu. Inc. in a common law tort action brought against Pep Boys. Pep Boys removed case under diversity provisions to federal court. Seventh Circuit Court of Appeals affirmed against our position after oral argument on February 14, 2000 based on Seventh Circuit precedent barring fraudulent inducement claims under economic loss doctrine, and because the Wisconsin Supreme Court had yet to establish whether such claims remain viable under that doctrine. Opinion has been published at 213 F.3d 960 (7th Cir. 2000).
- Supreme Court of the United States of America
- U.S. Court of Appeals 7th Circuit
- U.S. District Court Eastern District of Wisconsin
- U.S. District Court Western District of Wisconsin
- University of Wisconsin, Madison, Wisconsin
- J.D. - 1994
- University of Wisconsin
- B.S. - 1988
- Major: Civ. & Env. E.,
Honors and Awards
- Presented State Bar Convention Municipal/Land Use issues
- Tau Beta Pi – National Engineering Honor Society
- Chi Epsilon – Civil Engineering Honor Society
- Phi Eta Sigma – Freshmen Honor Society
Past Employment Positions
- Law Offices of Joseph R. Cincotta, 2005 - 2007
- Schweitzer & Cincotta, LLP, 1997 - 2005
- Godfrey & Kahn S.C., 1994 - 1996
Pro Bono Activities
- City of Brookfield’s Board of Zoning Appeals, 1995 - 1996
- Boston University Men’s Crew Coach, 1996 - 1997
- Director, Milwaukee Rowing Club
- Oarsman for the University of Wisconsin Crew
- Varsity Letter Winner, University of Wisconsin, 1986 - 1987
- National Collegiate Champion, 1986
- E.A.R.C. Champion, 1987