[DOWNLOAD] "State Wisconsin Ex Rel. Town Delavan v." by Supreme Court of Wisconsin # Book PDF Kindle ePub Free
eBook details
- Title: State Wisconsin Ex Rel. Town Delavan v.
- Author : Supreme Court of Wisconsin
- Release Date : January 21, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
LOUIS J. CECI, J. This case is before the court on certification by the court of appeals, pursuant to sec. 809.61, Stats.
The petitioner, Town of Delavan (the town), seeks a writ of prohibition directing Walworth County Circuit Judge James L. Carlson
to refrain from taking further actions in the underlying ch. 227, Stats., judicial review and to process a request for substitution
of Judge which was filed pursuant to sec. 801.58(7), Stats. 1 This case presents the sole issue of whether sec. 801.58(7)
applies in a ch. 227 judicial review. 2 We hold that it does. The underlying case seeks judicial review of a Wisconsin Department of Development determination that a proposed incorporation
of certain lands as a village did not meet the applicable standards prescribed in sec. 66.016, Stats. The town filed the request
for substitution of Judge after the underlying ch. 227 judicial review was remanded to the circuit court by the court of appeals
in Town of Delavan v. City of Delavan, 160 Wis. 2d 403, 466 N.W.2d 227 (Ct. App. 1991). By a decision and order dated April
13, 1991, Judge Carlson denied the request for substitution of Judge on the grounds that sec. 801.58(7) does not apply in
a ch. 227 judicial review. The town filed its petition for a supervisory writ in the court of appeals on May 14, 1991. 3
This court accepted certification from the court of appeals. 4