In such actions, when the plaintiff prevails, the plaintiff shall, in addition to judgment for damages and costs, also have judgment that the nuisance be abated unless the court shall otherwise order.
823.03.Judgment.
Ch. 823: Nuisances · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 823.03 requires that when a plaintiff wins a nuisance action, the judgment include not just damages and costs but also an order that the nuisance be abated, unless the court decides otherwise.
Full Text of Section 823.03
Plain-English Summary
Section 823.03 fills in what a winning plaintiff’s judgment looks like in a nuisance case brought under this chapter. Beyond the ordinary judgment for damages and costs, the plaintiff also gets a judgment that the nuisance be abated.
That abatement piece is not automatic in every detail; the court can order otherwise. But the default, once the plaintiff prevails, pairs a money judgment with an order addressing the nuisance itself, rather than leaving the nuisance in place after a damages award.
Frequently Asked Questions
If I win a nuisance lawsuit in Wisconsin, do I just get money damages?
Not only that. Section 823.03 says the judgment also includes an order that the nuisance be abated, in addition to damages and costs, unless the court orders otherwise.
Can the court skip ordering abatement even if I win?
Yes, the section allows the court to otherwise order, meaning abatement is not guaranteed in every case even for a prevailing plaintiff.
Does this section apply to any nuisance action, or just public nuisances?
The section refers to actions under this chapter, referring back to the nuisance actions this chapter covers, including the private-injury public nuisance actions under s. 823.01.
What does “the nuisance be abated” mean in the judgment?
It means the judgment directs that the nuisance itself be removed or stopped, not just that the plaintiff be compensated for past harm.
Does the plaintiff still recover costs along with the abatement order?
Yes. Section 823.03 pairs the abatement judgment with the judgment for damages and costs that a prevailing plaintiff already receives.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.03; 1993 a. 486.
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
Also known as: nuisance judgment abatement wisconsindamages plus abatement order wisconsin nuisanceprevailing plaintiff nuisance case wisconsin