SHEBOYGAN, WI (WHBL) - The sexual assault case against a Sheboygan man will continue in Sheboygan County Court after the State Appeals Court Wednesday re-instated charges which had been thrown out by Judge Terrence Bourke last May. 53 year old Brian Kempainen had been charged with two counts of sexual assault of a child for incidents that occurred when the female victim was in the 2nd grade, and then again 4 years later. The charges were dismissed when Judge Bourke ruled the state had not provided sufficient notice of when the alleged violations had occurred. The Appeals Court disagreed, reversed Judge Bourke, and sent the case back to Sheboygan County Court.