By: Derek Hawkins//April 18, 2018//
WI Supreme Court
Case Name: State of Wisconsin ex rel. Department of Natural Resources v. Wisconsin Court of Appeals, District IV, et al.,
Case No.: 2018 WI 25
Focus: Jurisdiction
The Wisconsin Department of Natural Resources (“DNR”) says its appeal in Clean Wisconsin, Inc. v. DNR, 2016AP1688 (“Clean Wisconsin”) is pending in the wrong district, and asks us to exercise our supervisory authority to shepherd it to the correct venue. Because we agree with the DNR, we grant its petition for a supervisory writ and vacate the order of the Wisconsin Court of Appeals transferring venue for Clean Wisconsin from District II to District IV.
We accepted review because this case presents an important issue of first impression regarding the right of an appellant to select appellate venue under Wis. Stat. § 752.21(2) (2015-16).
Petition Grante
Concur:
Dissent: ABRAHAMSON, J. dissents joined by A.W. BRADLEY J. (opinion filed).