In actions begun under s. 823.10 the existence of any nuisance defined by s. 823.09 shall constitute prima facie evidence that the owner of the premises affected has permitted the same to be used as a nuisance; and evidence of the general reputation of the place shall be admissible to prove the existence of such nuisance. If the complaint is filed by a citizen, it shall not be dismissed, except upon a sworn statement made by the complainant and the complainant’s attorney, setting forth the reasons why the action should be dismissed, and the dismissal shall be approved by the district attorney of the county in writing or in open court. If the court is of the opinion that the action ought not to be dismissed it may direct the district attorney of the county to prosecute said action to judgment. If the action is brought by a citizen, and the court finds that there was no reasonable ground or cause for said action the costs shall be taxed to such citizen.
823.11.Evidence; dismissal of action; costs.
Ch. 823: Nuisances · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 823.11 makes the existence of a bawdyhouse nuisance prima facie evidence that the property owner permitted it, allows reputation evidence to prove the nuisance, and restricts when a citizen-filed abatement action under s. 823.10 can be dismissed.
Full Text of Section 823.11
Plain-English Summary
Section 823.11 addresses proof and dismissal in actions brought under s. 823.10. Where the nuisance defined in s. 823.09 exists, that fact is prima facie evidence that the property’s owner permitted the premises to be used as a nuisance, and evidence of the place’s general reputation is admissible to help prove the nuisance existed.
The section then protects these cases from being quietly dropped. If a citizen filed the complaint, it cannot be dismissed except on a sworn statement from the complainant and the complainant’s attorney explaining the reasons dismissal is warranted, and even then the dismissal needs the county district attorney’s approval, given in writing or in open court. If the court thinks the action should not be dismissed, it can direct the district attorney to prosecute the case to judgment instead.
The section closes with a cost consequence for citizen suits brought without real basis. If a citizen brought the action and the court finds there was no reasonable ground or cause for it, the costs are taxed to that citizen.
Frequently Asked Questions
Does the property owner have to be proven aware of the illegal activity, or is the nuisance itself enough evidence?
The existence of the nuisance defined in s. 823.09 is itself prima facie evidence that the owner permitted the premises to be used as a nuisance under Section 823.11.
Can evidence of a building’s bad reputation be used to prove a nuisance exists?
Yes. Section 823.11 makes evidence of the place’s general reputation admissible to prove the existence of the nuisance.
Can a citizen who filed this kind of case just drop it whenever they want?
No. Dismissal requires a sworn statement from the complainant and their attorney setting out the reasons, and the district attorney must approve the dismissal in writing or in open court.
What if the court thinks a citizen’s case should not be dismissed?
Section 823.11 lets the court direct the district attorney to prosecute the action to judgment instead of allowing dismissal.
Is there a risk to a citizen who files this kind of suit without good reason?
Yes. If the court finds there was no reasonable ground or cause for the action, the costs are taxed to that citizen.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 762, 782 (1975); Stats. 1975 s. 823.11; 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: prima facie evidence bawdyhouse nuisance wisconsindismissing a citizen nuisance suit wisconsinreputation evidence nuisance case wisconsincosts for baseless nuisance suit wisconsin