02-0911 Johnson v. Berge

By: dmc-admin//February 10, 2003//

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“Since ‘promulgat[ion] without compliance with statutory rule-making procedures’ is one ground for declaring a rule invalid under § 227.40, § 227.40 logically encompasses policies or other statements, standards, or orders that meet the definition of ‘rule’ under Wis. Stat. § 227.01(13) but have not been promulgated as required by Wis. Stat. § 227.10.

“That is what Johnson is alleging. He asserts that the behavior modification level system is a rule, though it was never promulgated as one, and therefore, the ‘rule’ is invalid. The venue for this claim is therefore in Dane County.”

Reversed and remanded with instructions to grant the motion for change of venue and to consider the merits of plaintiff’s complaint that the WSPF’s mail policy violates First Amendment rights.

Recommended for publication in the official reports.

Dist IV, Grant County, Van De Hey, J., Dykman, J.

Attorneys:

For Appellant: Michael S. Johnson, Green Bay

For Respondent: Jody J. Schmelzer, Madison

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