2011AP2787 Avante v. Labor and Industry Review Commission, et al.

2011AP1968 Borst v. City of New Richmond Board of Appeals

2012AP346 Mailen v. State of Wisconsin Educational Approval Board

2011AP2086 Lee v. Wisconsin Department of Revenue

11-3052 Anaya-Aguilar v. Holder

2011AP616 State v. Cruz

2011AP1440 Village of McFarland v. Zetzman

2011AP2067 Marlow v. IDS Property Casualty Ins. Co.

2011AP116 CNL Income GW WI-DEL LP v. Village of Lake Delton Board of Review

2010AP3021 Slocum v. Town of Star Prairie Board of Review

Immigration U visas; judicial review

Immigration Judicial review

Criminal Procedure Judicial review; video recordings When evidence in the record consists of disputed testimony and a video recording, the court of appeals must apply the clearly erroneous standard of review when reviewing the trial court’s findings of fact based on that recording. “As the supreme court has explained: The court of appeals is by the Constitution limited to appellate ...

Employment Public employment; judicial review John Marder appeals two judgments, one affirming a Board of Regents of the University of Wisconsin System decision to terminate his employment, and the other dismissing his separate 42 U.S.C. § 1983 action on preclusion grounds. Marder argues the court erroneously concluded the Board did not receive new material evidence during an ex parte meeting ...

Municipalities Judicial review Where the language of a municipality’s ordinance appears to be unique and does not parrot a state statute but rather was drafted by the municipality in an effort to address a local concern, courts should defer to the municipality’s interpretation if it is reasonable. “A central consideration in administrative agency cases is whether the agency has been ...

Labor Joint grievance committees; judicial review Where a CBA provided for resolution of grievances by a joint grievance committee, the awards are not subject to judicial review. “[B]ecause the collective bargaining agreement establishes that any resolution of a grievance by majority vote of the joint committee is ‘final and binding on all parties and individuals bound by’ the agreement and ...

Immigration Cancellation of removal; judicial review The court has jurisdiction to review a single-BIA-member review that went beyond merely affirming, modifying or remanding the IJ. “The heart of petitioners’ argument is that the decision issued by a single BIA member in the case was not a ‘brief’ order, as the language of subsection (e)(5) describes. Because the decision was perhaps ...

Employment Public employment; judicial review On February 13, 2005, Greg Koestering, a City of Milwaukee police officer, repeatedly struck Michael Ramos while Ramos was handcuffed and inside a police van. The City of Milwaukee Chief of Police, Nannette Hegarty, found that Koestering had violated a department rule that prohibits mistreatment of a prisoner by use of profane language and unnecessary ...

Municipalities Judicial review; equitable estoppel Tammy Stachowiak appeals an order dismissing her appeal from a ruling by the Shawano County Board of Adjustment. The dispositive issue is whether the County is equitably estopped from asserting that Stachowiak failed to follow the required procedure to seek review. We conclude it is estopped, and we reverse. This opinion will not be published. ...

Municipalities Annexation; judicial review In appeal No. 2009AP2181, Green Bay Metropolitan Sewerage District (GBMSD) appeals a circuit court judgment that modified a GBMSD Commission decision annexing the City of De Pere to the District. The Commission decision had incorporated an “Annexation and Consolidation Agreement” between De Pere and GBMSD. The circuit court modified the Commission decision by invalidating a provision ...