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Wisconsin Supreme Court accepts new case involving Village of Egg Harbor, denies review of several others
By: Steve Schuster, [email protected]//September 15, 2023//
The Wisconsin state Capitol building. (File photo by Ethan Duran)
Wisconsin Supreme Court accepts new case involving Village of Egg Harbor, denies review of several others
By: Steve Schuster, [email protected]//September 15, 2023//
Listen to this articleThe Wisconsin Supreme Court announced Friday the Court recently voted to accept two new cases, and denied review in a number of other cases. The case numbers, counties of origin and the issues presented in granted cases are listed below. More information about pending appellate cases can be found on the Wisconsin Supreme Court and Court of Appeals Access website. Published Court of Appeals opinions can be found here, and the status of pending Supreme Court cases can be found here.
Two Accepted Wisconsin Supreme Court Cases
1.
2021AP1589 Sojenhomer LLC v. Village of Egg Harbor
Supreme Court case type: Petition for Review
Court of Appeals: District III
Circuit Court: Door County, Judge David L. Weber, reversed and cause remand with directions
Long caption: Sojenhomer LLC, Plaintiff-Appellant v. Village of Egg Harbor, Defendant-Respondent-Petitioner
Issue presented:
Do the recently enacted prohibitions on condemnation for “pedestrian ways” set forth in Wis. Stat. § 32.015 and Wis. Stat. § 61.34(3)(b), prohibit Wisconsin municipalities from exercising their condemnation powers pursuant to Wis. Stat. § 61.34(3)(a), to widen and reconstruct a road when a sidewalk will be located within the right-of-way?
2.
2022AP13 Amazon v. LIRC (Justice Brian Hagedorn did not participate)
Supreme Court case type: Petition for Review
Court of Appeals: District IV
Circuit Court: Waukesha County, Judge Michael O. Bohren, reversed and cause remand with directions.
Long caption: Amazon Logistics, Inc., Plaintiff-Respondent-Petitioner v. Labor and Industry Review Commission, Defendant-Appellant, Department of Workforce Development UI Div. Bureau of Legal Affairs, Defendant-Co-Appellant
Issues presented:
1. Whether the Court of Appeals erred in construing three distinct statutory conditions for determining independent-contract status under Wis. Stat. § 108.02(12)(bm)2 to collapse into one in the context of gig workers in the modern economy.
2. Whether the Court of Appeals erred in deferring to LIRC’s legal conclusions about whether evidence was admissible and sufficient to satisfy Amazon Logistics’ burden of proof.
3. Whether the Court of Appeals erred in holding that Amazon Logistics was required to present evidence about each of the 1,000-plus workers at issue during the single-day hearing set for its appeal of the underlying unemployment benefits determination.
Denied Cases
Review denied: The Supreme Court denied review in the following cases. As the state’s law-developing court, the Supreme Court exercises its discretion to select for review only those cases that fit certain statutory criteria (see Wis. Stat. § 809.62). Except where indicated, these cases came to the Court via petition for review by the party who lost in the lower court:
Ashland County
2021AP2128-CR
2021AP2129-CR State v. Kaseno
Barron County
2021AP843
2021AP844
2021AP845
State v. Nelson
2023AP37 Barron Co. DH&HS v. Q.B.
2023AP60 Barron County DH&HS v. J.W.
Brown County
2021AP1053-CR State v. Mitchell
2022AP2168
2022AP2169
2022AP2170
2022AP2171 Brown County H&HS v. T.H.
Calumet County
2022AP995-CR State v. Gabler
Chippewa County
2021AP880-CR State v. Ross
Columbia County
2021AP1114 Eisenga v. Hawthorne [Justice Rebecca Grassl Bradley did not participate]
2022AP258 Alliant Credit Union v. City of Columbus [Justice Rebecca Grassl Bradley dissents]
Dane County
2021AP163-CR State v. Lieske [Justice Jill J. Karofsky did not participate]
2021AP1512
2022AP158 State v. Byrd
2022AP177 BJ & TT Goll Rev. Tr. v. Penkalski
2022AP330-CR State v. Lockhart [Justice Jill J. Karofsky did not participate]
2022AP2111-W Gant v. Carr [Justice Jill J. Karofsky did not participate]
2023AP524-W Balele v. Circuit Court for Dane County [Supervisory Writ Petition]
2023AP765-W Balele v. Judge Ehlke [Supervisory Writ Petition]
2023AP895-W Cuesta v. Dane County DA [Writ of Habeas Corpus Petition]
Dodge County
2021AP1256-CR State v. Atwater
2022AP2048-W Jacobs v. Circuit Court of Dodge County [Justice Ann Walsh Bradley did not participate]
Douglas County
2021AP1555-CR
2021AP1556-CR State v. Austin
Eau Claire County
2021AP680-CR State v. Schummer
Fond du Lac County
2022AP1261 State v. Earls
Forrest County
2022AP151-CR State v. Green
2022XX991-CR State v. Grisius
Juneau County
2021AP1416 State v. Coughlin
[Justice Rebecca Grassl Bradley dissents; Justice Jill J. Karofsky did not participate]
Kenosha County
2021AP1659-CR State v. Aguirre
2021AP1720 Martinez v. Rullman
2022AP123 State v. Thayer
La Crosse County
2021AP646 EKQ Bridgeview Plaza v. WI DOT [Justice Rebecca Grassl Bradley dissents]
2021AP2092-CR State v. Alexander
Marathon County
2023AP97-W Jacobs v. Judge Strasser [Justice Ann Walsh Bradley did not participate]
Marinette County
2022AP179-CR
2022AP180-CR State v. Denny
Milwaukee County
2020AP677
2020AP678
2020AP679
State v. Addison
2021AP424-CR State v. Hawkins [Justice Janet C. Protasiewicz did not participate]
2021AP458-CR State v. Jackson
2021AP576-CR State v. Young
2021AP944-CR State v. Herrera
2021AP1036-CR State v. Balderas
2021AP1307-CR
2021AP1308-CR
2021AP1309-CR
2021AP1310-CR
State v. Burks
2020AP1483-CR State v. Black
2021AP1497-CR State v. Triplett
2021AP1526-CR
2021AP1527-CR
State v. Rasheem D. Davis
2021AP1528-CR State v. Barksdale
2021AP1598-CR State v. Smith
2021AP1709-CR State v. Pearson
2021AP2057-CR State v. Alvarado
2021AP2063-CR State v. Blunt [Justice Janet C. Protasiewicz did not participate]
2021AP2160-CR State v. Hendrix
2021AP2165-CR State v. Velez-Figueroa
2022AP277 Citibank, N.A. v. Riffard [Chief Justice Annette Kingsland Ziegler did not participate]
2022AP646-CR State v. Miller
2022AP755-CRNM State v. Wright
2022AP1043-CR State v. Michael G. Davis
2022AP1101-CR State v. Mays
2022AP1140 Vega v. LIRC
2023AP1030-LV
State v. Berrada Properties Management [(Bypass Petition)Justice Rebecca Grassl Bradley dissents]
2023AP1030-LV
State v. Berrada Properties Management [Petition for Review]
2023AP1031-LV State v. Berrada Properties Management [(Bypass Petition) Justice Rebecca Grassl Bradley dissents]
2023AP1031-LV State v. Berrada Properties Management [Petition for Review]
2023AP1076-W Berrada v. Circuit Court for Milwaukee County [Supervisory Writ Petition (Justice Rebecca Grassl Bradley dissents)]
Monroe County
2022AP1231-CR State v. Bell
Outagamie County
2021AP1248-CR State v. DeFilippo
Racine County
2020AP595-CRNM State v. Lee
2022AP1293 State v. Hagen
2023AP769-CR State v. Thornton
Rock County
2021AP693 McCray v. City of Beloit
2022AP1548-CR State v. Miller
Rusk County
2020AP897-CRNM State v. Nitek
Sheboygan County
2020AP1325-CRNM State v. Ball
2022AP270-CRNM State v. Boozer
Walworth County
2022AP289 Delevan Lake Sanitary Dist. V. Walworth Co. Bd. of Adjustment
2023AP951-W Gardipee v. Circuit Court for Walworth County [Supervisory Writ Petition]
Washington County
2022AP828-CR State v. Naab [Chief Justice Annette Kingsland Ziegler did not participate]
Waukesha County
2021AP1745-CR State v. Ferguson
2022AP960 State v. Lipscomb
2023AP1325-W Lafaive v. Court of Appeals, Dist. II [Supervisory Writ Petition]
Waupaca County
2022AP53-CR State v. Hohn
Wood County
2022AP407 Heartland Timber Trails v. Borgen
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