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00-3097 In the Matter of the Request of: Firefighter Wagner for Circuit Court Review: Wagner v. Madison

By: dmc-admin//August 20, 2001//

00-3097 In the Matter of the Request of: Firefighter Wagner for Circuit Court Review: Wagner v. Madison

By: dmc-admin//August 20, 2001//

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Charles T. Wagner appeals an order of the circuit court dismissing his petition for review of a decision of the Board of Police and Fire Commissioners for the City of Madison (PFC) because it concluded he did not properly commence circuit court review. The PFC argues that Wis. Stat. sec. 62.13(5)(i) (1999-2000) deprives us of jurisdiction to consider Wagner’s appeal. Although we conclude that we have jurisdiction to review Wagner’s appeal because the circuit court’s decision was not on the merits of the PFC’s decision, we agree with the circuit court that Wagner did not follow the requirements of sec. 62.13(5)(i) necessary to commence circuit court review of the PFC’s decision.

Therefore, we affirm the order of dismissal.

Not recommended for publication in the official reports.

Board of Police and Fire Commissioners, et al.

Dist IV, Dane County, Nichol, J., Roggensack, J.

Attorneys:

For Appellant: Charles W. Giesen, Madison

For Respondent: Scott N. Herrick, Madison

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