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 ...

2009AP2413, 2009AP2948 Marder v. Board of Regents of the University of Wisconsin System, et al.

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 ...

2008AP3182 Ottman v. Town of Primrose

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 ...

09-3271 Merryman Excavation, Inc., v. International Union of Operating Engineers

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 ...

10-2063 Ward v. Holder

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 ...

2009AP1696 Koestering v. Board of Fire & Police Commissioners, et al.

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 ...

2010AP325 Stachowiak v. Shawano County Zoning Board

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. ...

2009AP1871, 2009AP2181 Town of Rockland v. Green Bay Metropolitan Sewerage District, et al.

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 ...