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Jurisdiction

By: Derek Hawkins//April 18, 2018//

Jurisdiction

By: Derek Hawkins//April 18, 2018//

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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).

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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