The Wisconsin Supreme Court held that the warehouse owner could be held liable for permitting his property to be used to promote a pyramid program. Wisconsin used the dominant factor test to determine that the scheme fell under the anti-lottery statutes. The dominant factor test recognizes that effort may play some part in determining the payoff in a lottery, but chance remains the dominant factor in determining the winner. The owner knew about the activity and promoted the use of his facility in the scheme's operation. The court upheld his conviction and affirmed the lawfulness of the regulations.

Case and case summary are also available online at: http://www.mlmlegal.com/legal-cases/Wisconsin_v_Dahlk.php