An action to enjoin a public nuisance may be commenced and prosecuted in the name of the state, either by the attorney general on information obtained by the department of justice, or upon the relation of a private individual, sewerage commission created under ss. 200.01 to 200.15 or a county, having first obtained leave therefor from the court. An action to enjoin a public nuisance may be commenced and prosecuted by a city, village, town or a metropolitan sewerage district created under ss. 200.21 to 200.65 in the name of the municipality or metropolitan sewerage district, and it is not necessary to obtain leave from the court to commence or prosecute the action. The same rule as to liability for costs shall govern as in other actions brought by the state. No stay of any order or judgment enjoining or abating, in any action under this section, may be had unless the appeal is taken within 5 days after notice of entry of the judgment or order or service of the injunction. Upon appeal and stay, the return to the court of appeals or supreme court shall be made immediately.
823.02.Injunction against public nuisance, time extension.
Ch. 823: Nuisances · Last amended 1999 · Last verified July 15, 2026
In one sentenceSection 823.02 allows an action to enjoin a public nuisance to be brought in the state’s name by the attorney general or, with court leave, by a private individual or certain public bodies, or without leave by a municipality, and it limits stays of nuisance injunctions on appeal.
Full Text of Section 823.02
Plain-English Summary
Section 823.02 covers who can sue to enjoin a public nuisance and how quickly that action moves. The action can be commenced and prosecuted in the state’s name by the attorney general, based on information the department of justice obtained, or upon the relation of a private individual, a sewerage commission created under ss. 200.01 to 200.15, or a county, but those last three need leave from the court first. A city, village, town, or a metropolitan sewerage district created under ss. 200.21 to 200.65 can instead bring the action in its own name, without needing that leave.
Cost liability in these cases follows the same rule as other actions the state brings. The section then limits how long a nuisance injunction can be delayed on appeal: no stay of an order or judgment enjoining or abating a nuisance under this section is available unless the appeal is taken within 5 days of notice of entry of the judgment or order, or of service of the injunction. If an appeal is taken and a stay granted, the return to the court of appeals or supreme court must happen immediately.
Frequently Asked Questions
Who can sue to stop a public nuisance in Wisconsin?
Section 823.02 allows the action in the state’s name by the attorney general on information from the department of justice, or by a private individual, sewerage commission, or county with the court’s leave, or by a city, village, town, or metropolitan sewerage district in its own name without needing leave.
Does a private citizen need court permission to sue over a public nuisance under this section?
Yes. A private individual proceeding on the relation basis under Section 823.02 must first obtain leave from the court, unlike a city or village suing in its own name.
How quickly must an appeal be filed to get a stay of a nuisance injunction?
Within 5 days after notice of entry of the judgment or order, or service of the injunction; Section 823.02 does not allow a stay otherwise.
Can a metropolitan sewerage district bring this kind of action on its own?
Yes. Section 823.02 lets a metropolitan sewerage district created under ss. 200.21 to 200.65 commence and prosecute the action in its own name, without needing leave from the court.
What happens after a stay is granted and an appeal is taken?
The return to the court of appeals or supreme court must be made immediately, according to Section 823.02.
Amendment History
History: 1971 c. 276; Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.02; 1977 c. 187, 379; 1981 c. 282; 1999 a. 150 s. 672.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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