01-2595 Fazio v. Department of Employee Trust Funds

By: dmc-admin//April 29, 2002//

Listen to this article

“We therefore conclude that the doctrine of exhaustion of administrative remedies does not require that she appeal DETF’s determination to the Board before filing this action. …

“In summary, we reverse the circuit court’s order dismissing the complaint because we conclude that Fazio was not required to exhaust her administrative remedies before filing this action. As to the taking claim, we hold that sovereign immunity does not provide an alternative basis for affirming dismissal of that claim. We do not decide whether there are other grounds for dismissal of either the taking claim or the unjust enrichment claim.”

Order reversed and cause remanded.

Recommended for publication in the official reports.

Dist IV, Dane County, Fiedler, J., Vergeront, P.J.

Attorneys:

For Appellant: Robert L. Elliott, Milwaukee

For Respondent: Joely Urdan, Madison

Select Region or Brand

Upcoming Event