Clean Wisconsin, Inc. v. DNR
Appeal Number 2016AP001688
Supreme Court
CASE HISTORY
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Status
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Court
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Filing Date
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Anticipated Due Date
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Activity
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OCCD
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SC
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10-24-2023
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Fee Paid
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Comment: Receipt No: 23R 002603
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OCCD
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SC
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08-10-2021
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Remittitur
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Comment: NRI sent by UPS
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OCCD
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SC
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07-08-2021
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Cites
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398 Wis. 2d 386
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OCCD
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SC
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07-08-2021
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Cites
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961 N.W.2d 346
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OCCD
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SC
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07-08-2021
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Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Dallet, Hagedorn, Karofsky
Opinion: Opinion Decision: Affirmed Pages: 25 Written by: Karofsky, Jill Dallet, Rebecca F. Wrote Concurring Opinion 3 pages. Bradley, Ann Walsh Joined Concurring Opinion Karofsky, Jill Joined Concurring Opinion Roggensack, Patience Drake Wrote Dissenting Opinion 16 pages. Bradley, Rebecca Grassl Joined Dissenting Opinion Bradley, Rebecca Grassl Wrote Dissenting Opinion 6 pages. Hagedorn, Brian K. Took No Part Order Text: The order of the circuit court is affirmed. |
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OCCD
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SC
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07-07-2021
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Public Domain Citation
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Comment: PDC No: 2021 WI 71
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OCCD
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SC
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05-21-2021
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Letter/Correspondence
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Comment: Filed by Attorney Ruhland; Letter Confirming Substitution of Counsel
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OCCD
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SC
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05-21-2021
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Attorney Change
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Comment: Attorney Ruhland substituted for Attorney Fassbender per letter filed 05-20-2021 and 05-21-2021
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OCCD
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SC
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05-20-2021
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Letter/Correspondence
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Comment: Filed by Attorney Fassbender; advising he will no longer be counsel on this appeal and another attorney will be filing a notice of appearance.
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OCCD
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SC
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04-12-2021
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Oral Argument
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Comment: 1st case, 9:45 a.m. (to be conducted via video/audio conferencing)
Jordan J. Hemaidan for Intervenor-Co-Appellant
Eric M. McLeod for Intervenor
Andrea Gelatt for Petitioners-Respondents
Jennifer L. Vandermeuse for Respondent-Appellant
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OCCD
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SC
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04-08-2021
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Briefs Received At State Law Library
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OCCD
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SC
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03-26-2021
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Attorney Change
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Comment: Attorney Ruhland withdrawn per email from Attorney McLeod
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OCCD
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SC
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03-25-2021
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Certificate of Filing by Mail
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Comment: Certificate of Mailing - Food & Water Watch (BAM)
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OCCD
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SC
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03-25-2021
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Filed By: Zachary Corrigan
Comment: Food & Water Watch |
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OCCD
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SC
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03-25-2021
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Brief of Amicus Curiae
Brief of Amicus Curiae - Wisconsin Manufacturers & Commerce |
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Filed By: Robert Fassbender
Comment: Wisconsin Manufacturers and Commerce |
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OCCD
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SC
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03-25-2021
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Brief of Amicus Curiae
Brief of Amicus Curiae - Wisconsin Environmental Health Network |
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Filed By: John Greene
Comment: Wisconsin Environmental Health Network |
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OCCD
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SC
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03-24-2021
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Motion to File Amicus/Non-Party Brief
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Filed By: Robert Fassbender
Submit Date: 3-25-2021 Decision: (G) Grant Decision Date: 3-25-2021 ORD that the motions of WEHN and WMC amici are granted. Their briefs filed March 24, 2021, are accepted as filed. FRO that the motion of Food & Water Watch amici is granted. The brief must be properly filed with the clerk of this court by March 26, 2021. No extensions will be granted. BRIAN HAGEDORN, J., did not participate. Comment: Wisconsin Manufacturers and Commerce |
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OCCD
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SC
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03-24-2021
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Motion to File Amicus/Non-Party Brief
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Filed By: John Greene
Submit Date: 3-25-2021 Decision: (G) Grant Decision Date: 3-25-2021 ORD that the motions of WEHN and WMC amici are granted. Their briefs filed March 24, 2021, are accepted as filed. FRO that the motion of Food & Water Watch amici is granted. The brief must be properly filed with the clerk of this court by March 26, 2021. No extensions will be granted. BRIAN HAGEDORN, J., did not participate. Comment: Wisconsin Environmental Health Network |
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OCCD
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SC
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03-24-2021
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Motion to File Amicus/Non-Party Brief
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Filed By: Zachary Corrigan
Submit Date: 3-25-2021 Decision: (G) Grant Decision Date: 3-25-2021 ORD that the motions of WEHN and WMC amici are granted. Their briefs filed March 24, 2021, are accepted as filed. FRO that the motion of Food & Water Watch amici is granted. The brief must be properly filed with the clerk of this court by March 26, 2021. No extensions will be granted. BRIAN HAGEDORN, J., did not participate. Comment: Food & Water Watch, Family Farm Defenders, and Sustain Rural Wisconsin Network |
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OCCD
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SC
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03-24-2021
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Reply Brief-Supreme Court
Reply Brief - Wisconsin Legislature |
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Filed By: Kirsten Atanasoff
Comment: Wisconsin Legislature |
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OCCD
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SC
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03-24-2021
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Reply Brief-Supreme Court
Reply Brief - Kinnard Farms, Inc. |
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Comment: Kinnard Farms
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OCCD
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SC
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03-15-2021
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Brief of Amicus Curiae
Brief of Amicus Curiae - Ryan Owens |
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Filed By: Ryan Owens
Comment: Ryan J. Owens |
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OCCD
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SC
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03-10-2021
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Response Brief-Supreme Court
SC Response Brief - DNR |
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Filed By: Jennifer Vandermeuse
Comment: DNR |
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OCCD
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SC
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03-10-2021
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Response Brief-Supreme Court
SC Response Brief - Clean Wisconsin, Inc. |
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Filed By: Andrea Gelatt
Comment: Clean Wisconsin, Inc. and Amy Cochart, Chad Cochart, Lynda Cochart, Roger DeJardin, and Sandra Winnemueller. Separate appendix. |
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OCCD
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SC
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03-05-2021
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Response
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Comment: 10/17 copies of CA briefs due.
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OCCD
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SC
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03-01-2021
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Other Papers
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Comment: Filed by AAG Vandermeuse; Cover Letter Enlosing COA Briefs
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OCCD
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SC
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02-18-2021
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Briefs Received At State Law Library
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OCCD
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SC
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02-18-2021
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Notice of Appearance
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Comment: Attorney Kirsten A. Atanasoff for Wisconsin Legislature
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OCCD
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SC
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02-10-2021
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Motion to Extend Time
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Filed By: Jennifer Vandermeuse
Submit Date: 2-10-2021 Decision: (G) Grant Decision Date: 2-16-2021 IT IS ORDERED that the motion is granted. All response briefs shall be served and filed on or before March 10, 2021. BRIAN HAGEDORN, J., did not participate. See BR2 event due on 3-10-2021 Comment: Motion to Extend Time to file BR2 for DNR; 02-10-2021 rcvd duplicate by mail; 02-12-2021 rcvd additional mailed copies. |
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OCCD
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SC
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02-04-2021
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First Brief-Supreme Court
First Brief-Supreme Court - Wisconsin Legislature |
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Filed By: Eric McLeod
Comment: Wisconsin Legislature. |
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OCCD
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SC
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02-04-2021
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First Brief-Supreme Court
First Brief-Supreme Court - Kinnard Farms, Inc.'s |
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Filed By: Jordan Hemaidan
Comment: Kinnard Farms; separate appendix. |
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OCCD
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SC
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02-02-2021
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Other Papers
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Comment: Filed by Attorney Hemaidan; Cover Letter Enlosing Copy of COA Briefs
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OCCD
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SC
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02-01-2021
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Notice of Appearance
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Comment: Attorney Nancy Cruz as co-counsel for Kinnard Farms
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OCCD
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SC
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01-28-2021
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Assigned-Oral Argument
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OCCD
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SC
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01-05-2021
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Court Order
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IT IS ORDERED that the motion is held in abeyance pending further order of the court.
BRIAN HAGEDORN, J., did not participate. |
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OCCD
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SC
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01-05-2021
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Caption Amended
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OCCD
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SC
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01-05-2021
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Court Order
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ORD that within 30 days after the date of this order the intervenor-co-appellant, Kinnard Farms, and intervenor-co-appellant, Joint Committee on Legislative Organization on behalf of the Wisconsin Legislature, must file either a brief in this court or a statement that no brief will be filed; that within 20 days of filing, the respondent-appellant, Wisconsin Department of Natural Resources, and petitioners-respondents, Clean Wisconsin, et al., must each file either a response brief or a statement that no response brief will be filed; and that if a brief is filed by respondents, within 10 days of filing, the intervenors-co-appellants must each file either a reply brief or a statement that no reply brief will be filed; and
FRO that in any brief filed in this court the parties shall not incorporate by reference any portion of their court of appeals' brief; instead, any material upon which there is reliance should be restated in the brief filed in this court; and FRO that in the event any party elects not to file a brief in this court, the briefs previously submitted by that party to the court of appeals shall stand as that party's brief in the Supreme Court; and FRO that within the time period established for the filing of briefs, each party must provide the clerk of this court with copies of the briefs previously filed on behalf of that party in the court of appeals. If a party elects to file a new brief(s), 10 copies of their court of appeals brief(s) must be provided. If a party elects to stand on their court of appeals brief(s), 17 copies of each of their court of appeals brief(s) must be provided; and FRO that this appeal and appeal no. 2018AP59 shall be scheduled for oral argument on the same calendar assignment; and FRO that the parties shall be notified of the date and time for oral argument in these appeals in due course. BRIAN HAGEDORN, J., did not participate. Comment: re: Briefing Schedule |
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OCCD
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SC
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01-05-2021
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Hold Status
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OCCD
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SC
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12-10-2020
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Letter/Correspondence
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Comment: Filed by Attorney Lawless; Letter Advising of Updated Address
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OCCD
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SC
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11-02-2020
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Motion to File Amicus/Non-Party Brief
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Filed By: Ryan Owens
Submit Date: 11-2-2020 Decision: (G) Grant Decision Date: 3-15-2021 ORD that the motion is granted. The brief filed November 2, 2020, is accepted as filed. BRIAN HAGEDORN, J., did not participate. |
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OCCD
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SC
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08-13-2020
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Response
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Comment: Filed by Attorney Hemaidan; Co-Appellant's Response to 07-28-2020 Order
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OCCD
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SC
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08-12-2020
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Response
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Comment: Filed by Attorney Feinauer; Respondent, Clean Wisconsin, Response to 07-28-2020 Order; response filed by mail and hand delivered
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OCCD
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SC
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08-11-2020
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Response
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Comment: Filed by Attorney McLeod; Wisconsin Legislature's Response to 07-28-2020 Order
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OCCD
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SC
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08-11-2020
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Response
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Comment: Filed by AAG Johnson-Karp; Appellant's Response to 07-28-2020 Order
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OCCD
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SC
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07-28-2020
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Court Order
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ORD that parties shall, within two weeks of the date of this order, file simultaneous letters/briefs discussing the status of the certified appeal and the impact of the decision in SEIU, Local 1 v. Vos, case nos. 2019AP614-LV and 2019AP622, if any, on the appeal and pending motion in the above-captioned case.
BRIAN K. HAGEDORN, J., did not participate. |
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OCCD
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SC
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10-04-2019
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Attorney Change
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Comment: Attorney Gelatt as co-counsel for respondents (Lynda Cochart, Amy Cochart, Roger DeJardin, Sandra Winnemueller, and Chad Cochart) per notice of appearance.
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OCCD
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SC
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10-04-2019
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Letter/Correspondence
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Comment: Attorney Tressie Kamp & Robert D. Lee as counsel for (Clean Wisconsin) per notice of withdrawl.
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OCCD
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SC
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09-06-2019
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Attorney Change
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Comment: Attorney Kamp withdrawn as representation for respondents (Lynda Cochart, Roger DeJardin, Sandra Winnemueller, and Chad Cochart) per notice of withdrawal.
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OCCD
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SC
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09-06-2019
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Court Order
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ORD that the Wisconsin Legislature's motion to intervene shall be held in abeyance pending further order of this court.
BRIAN K. HAGEDORN, J., did not participate. See MIN event filed on 4-25-2019 |
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OCCD
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SC
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06-13-2019
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Attorney Change
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Comment: Attorney Lawless added as co-counsel for (The Wisconsin Legislature) per notice of appearance.
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OCCD
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SC
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05-30-2019
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Court Order
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ORD that the Respondent-Appellant Wisconsin Department of Natural Resources' Notice of Partial Voluntary Dismissal is accepted. Case No. 2016AP1699 and Case No. 2016AP2502 are severed and Case No. 2016AP2502 is dismissed. See Wis. Stat. (Rule) 809.18; Wis. Sup. Ct. IOP III.L.4;
FRO that on or before June 19, 2019, the parties and the Wisconsin Legislature shall file simultaneous legal memoranda, each not exceeding 6,000 words, that address the correct legal standard for the Wisconsin Legislature's motion to intervene and whether the Wisconsin Legislature meets that standard; FRO that, on or before July 9, 2019, the parties and the Wisconsin Legislature may file legal memoranda, each not exceeding 3,500 words, in response to the memoranda filed on June 19, 2019, by the opposing parties; FRO that, with respect to the merits of the pending appeal, the Respondent-Appellant Wisconsin Department of Natural Resources' motion to modify the briefing schedule is granted. When the stay imposed by this court is lifted, the Respondent-Appellant may file its opening brief on the same schedule as that of the Petitioners-Respondents, Clean Wisconsin et al.; and FRO that the Petitioners-Respondents' motion to strike the Wisconsin Legislator's memorandum in opposition to the Respondent-Appellant's motion to modify the briefing schedule is dismissed, as moot. See MIN event filed on 4-25-2019 |
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OCCD
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SC
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05-30-2019
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Unconsolidated
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Comment: [2016AP002502, 2016AP001688]
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OCCD
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SC
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05-21-2019
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Motion to Strike
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Filed By: Tressie Kamp
Submit Date: 5-21-2019 Decision: (M) Dismiss Decision Date: 5-30-2019 ORD that the Respondent-Appellant Wisconsin Department of Natural Resources' Notice of Partial Voluntary Dismissal is accepted. Case No. 2016AP1699 and Case No. 2016AP2502 are severed and Case No. 2016AP2502 is dismissed. See Wis. Stat. (Rule) 809.18; Wis. Sup. Ct. IOP III.L.4; FRO that on or before June 19, 2019, the parties and the Wisconsin Legislature shall file simultaneous legal memoranda, each not exceeding 6,000 words, that address the correct legal standard for the Wisconsin Legislature's motion to intervene and whether the Wisconsin Legislature meets that standard; FRO that, on or before July 9, 2019, the parties and the Wisconsin Legislature may file legal memoranda, each not exceeding 3,500 words, in response to the memoranda filed on June 19, 2019, by the opposing parties; FRO that, with respect to the merits of the pending appeal, the Respondent-Appellant Wisconsin Department of Natural Resources' motion to modify the briefing schedule is granted. When the stay imposed by this court is lifted, the Respondent-Appellant may file its opening brief on the same schedule as that of the Petitioners-Respondents, Clean Wisconsin et al.; and FRO that the Petitioners-Respondents' motion to strike the Wisconsin Legislator's memorandum in opposition to the Respondent-Appellant's motion to modify the briefing schedule is dismissed, as moot. |
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OCCD
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SC
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05-13-2019
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Letter/Correspondence
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Comment: copy; from Justice Dallet advising parties she will participate despite Mr. McLeod's employment with Husch Blackwell
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OCCD
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SC
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05-07-2019
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Court Order
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ORD that the briefing schedule set forth in the court's April 9, 2019 order is stayed, until further order of the court.
FRO that responses, if any, to the Notice of Partial Voluntary Dismissal and Motion to Modify Briefing Schedule shall be filed on or before May 13, 2019. See MMS event filed on 5-2-2019 |
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OCCD
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SC
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05-02-2019
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Motion for Miscellaneous Relief
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Filed By: 39939 (Johnson-Karp, Gabe)
Submit Date: 5-2-2019 Decision: (G) Grant Decision Date: 5-30-2019 ORD that the Respondent-Appellant Wisconsin Department of Natural Resources' Notice of Partial Voluntary Dismissal is accepted. Case No. 2016AP1699 and Case No. 2016AP2502 are severed and Case No. 2016AP2502 is dismissed. See Wis. Stat. (Rule) 809.18; Wis. Sup. Ct. IOP III.L.4; FRO that on or before June 19, 2019, the parties and the Wisconsin Legislature shall file simultaneous legal memoranda, each not exceeding 6,000 words, that address the correct legal standard for the Wisconsin Legislature's motion to intervene and whether the Wisconsin Legislature meets that standard; FRO that, on or before July 9, 2019, the parties and the Wisconsin Legislature may file legal memoranda, each not exceeding 3,500 words, in response to the memoranda filed on June 19, 2019, by the opposing parties; FRO that, with respect to the merits of the pending appeal, the Respondent-Appellant Wisconsin Department of Natural Resources' motion to modify the briefing schedule is granted. When the stay imposed by this court is lifted, the Respondent-Appellant may file its opening brief on the same schedule as that of the Petitioners-Respondents, Clean Wisconsin et al.; and FRO that the Petitioners-Respondents' motion to strike the Wisconsin Legislator's memorandum in opposition to the Respondent-Appellant's motion to modify the briefing schedule is dismissed, as moot. Motion Response Filed By: Robert Lee Submit Date: 5-9-2019 Motion Response Filed By: Eric McLeod Submit Date: 5-14-2019 This motion contains court order(s). Comment: notice of partial voluntary dismissal for 16AP2502, motion to modify briefing schedule 16AP1688; joint response to motion filed 5/9/19 |
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OCCD
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SC
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04-25-2019
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Motion to Intervene
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Filed By: Eric McLeod
Submit Date: 4-26-2019 Decision: (G) Grant Decision Date: 1-5-2021 ORD that the motions to intervene are granted. Separate orders establishing a briefing schedule on the merits will follow. Oral argument will be scheduled in due course. BRIAN HAGEDORN, J., did not participate. Motion Response Filed By: 39939 (Johnson-Karp, Gabe) Submit Date: 5-6-2019 Motion Response Filed By: Tressie Kamp Submit Date: 5-9-2019 Motion Response Filed By: Tressie Kamp Submit Date: 6-21-2019 Motion Response Filed By: Joseph Brydges Submit Date: 6-21-2019 Motion Response Filed By: Eric McLeod Submit Date: 6-21-2019 Motion Response Filed By: 39939 (Johnson-Karp, Gabe) Submit Date: 6-21-2019 Motion Response Filed By: Tressie Kamp Submit Date: 7-10-2019 Motion Response Filed By: Eric McLeod Submit Date: 7-10-2019 Motion Response Filed By: 39939 (Johnson-Karp, Gabe) Submit Date: 7-10-2019 Motion Response Filed By: Eric McLeod Submit Date: 10-20-2020 Motion Response Filed By: Jennifer Vandermeuse Submit Date: 10-28-2020 Motion Response Filed By: Evan Feinauer Submit Date: 10-30-2020 This motion contains court order(s). Comment: The Wisconsin Legislature; Parties and Wisconsin Legislature to file simultaneous legal memoranda by 6/19/19, responses by parties and Wisconsin Legislature to Memoranda due 7/9/19 per 5/30/19 CTO; held in abeyance pending further order per 9/6/19 CTO; 11/2/20 - duplicate copy of 10/28/20 response filed by mail |
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OCCD
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SC
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04-24-2019
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Attorney Change
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Comment: Attorney Lee added as attorney for respondents per notice of appearance, Attorney Geers withdrawn.
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OCCD
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SC
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04-23-2019
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Attorney Change
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Comment: AAG Johnson-Karp and AAG Vandermeuse for appellant per notice of appearance.
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OCCD
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SC
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04-09-2019
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Court Changed to Supreme Court
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OCCD
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CA
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04-09-2019
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Hold Status
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OCCD
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SC
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01-16-2019
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Certification Filed
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Filed By: Unassigned District 2
Submit Date: 1-17-2019 Decision: (G) Grant Decision Date: 4-9-2019 ORD certification granted. Briefs/statements 30/20/10. See DEC event filed on 1-16-2019 |
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OCCD
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CA
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01-16-2019
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Judge Panel: Gundrum, Neubauer, Reilly
Opinion: Certification Decision: Certification Filed Pages: 8 Order Text: We are certifying these cases as companions to our certification in case No. 2018AP59. The courts decision in case No. 2018AP59, defining the impact of 2011 Wis. Act 21 (Act 21) on the regulatory permit approval process, answering the question of who is trustee of the states waters, and determining whether Lake Beulah Management District v. DNR, 2011 WI 54, 39, 335 Wis. 2d 47, 799 N.W.2d 73, is still controlling law in Wisconsin, will affect the issues in this action. |
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OCCD
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CA
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12-21-2018
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Attorney Change
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Comment: AAG Berg for appellant per notice of appearance.
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OCCD
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CA
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10-29-2018
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Submitted on Briefs
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OCCD
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CA
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08-01-2018
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Briefs Received At State Law Library
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OCCD
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CA
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07-17-2018
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Record and Briefs Sent to District 2
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OCCD
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CA
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07-16-2018
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Certificate of Service
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Comment: Re: Amicus Brief; Certificate of Service - Wisconsin Manufacturers and Commerce, Inc., Midwest Food Products Association, Wisconsin Cheese Makers Association, Dairy Business Association, Inc., Wisconsin Potato and Vegetable Growers Association, and Wisconsin Farm Bureau and Federation.
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OCCD
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CA
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07-16-2018
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||
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OCCD
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CA
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07-12-2018
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Letter/Correspondence
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Comment: From Attorney Geers responding to motion to file an amicus brief advising respondents do not object to motionl. From Attorney Geers responding to Motion to File an Amicus Brief
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OCCD
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CA
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07-12-2018
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Certificate of Service
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Comment: RE: Reply Brief of Co-Appellant, Mailed 7-12-18, (IB)
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OCCD
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CA
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07-12-2018
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Reply Brief
Reply Brief of Co-Appellant |
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Filed By: Joseph Brydges
Comment: Co-Appellant. 02-02-2021 received 10 copies of CA brief for SC use. 03-01-2021 received 10 copies of CA brief for SC use. |
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OCCD
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CA
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07-10-2018
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Reply Brief
Reply Brief of Appellant |
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Filed By: Ryan Walsh
Comment: Appellant. 02-02-2021 received 10 copies of CA brief for SC use. |
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OCCD
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CA
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07-09-2018
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Motion to File Amicus/Non-Party Brief
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Filed By: Robert Fassbender
Submit Date: 7-9-2018 Decision: (G) Grant Decision Date: 7-12-2018 ORD that the motion for leave to file an amici curiae brief is granted. The brief shall be filed by July 16, 2018. Comment: Wisconsin Manufacturers and Commerce, Inc., Midwest Food Products Assoc., Wisconsin Cheese Makers Assoc., Dairy Business Assoc., Inc., Wisconsin Potato and Vegetable Growers Assoc., and Wisconsin Farm Bureau and Federation |
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OCCD
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CA
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07-09-2018
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Attorney Change
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Comment: Attorney Feinauer added as co-counsel for Clean Wisconsin per notice of appearance. Notice of Appearance filed by Attorney Feinauer
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||||
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OCCD
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CA
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06-25-2018
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Brief of Respondent(s)
Brief of Respondents |
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Filed By: Sarah Geers
Comment: Seperate Appendix. Please note that the attorneys' State Bar numbers have been added to the briefs. Please include this information on all future briefs. Refer to Wis. Stats. Sec. 802.05(1). 03-05-21: Received 10 copies of CA briefs for SC use. |
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OCCD
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CA
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05-25-2018
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Sua Sponte
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Filed By: Unassigned District 2
Submit Date: 5-25-2018 Decision: (N) No Action Decision Date: 5-30-2018 certifications on co-appellant's joinder accepted Comment: accept Co-appellant Kinnard Farms signed certifications 809.19(12), 809.19(2)(b) and 809.19(8)(d) for BAP received on 5/24/18 ? |
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OCCD
|
CA
|
05-24-2018
|
No Brief to Be Filed
|
|
|
Comment: filed by Attorney Josephy D. Brydges; Co-Appellant's statement on joinder of opening brief and appendix and certifications pursuant to 809.19(12), 809.19(2)(b) and 809.19(8)(d)
|
||||
|
OCCD
|
CA
|
05-17-2018
|
Sua Sponte
|
|
|
Filed By: Unassigned District 2
Submit Date: 5-17-2018 Decision: (O) Other Decision Date: 5-18-2018 ORD that no later than May 30, 2018, Kinnard Farms, Inc. shall comply with this order. Failure to do so will result in a determination that Kinnard Farms has not briefed this appeal. Comment: Co-appellant signature needed on joint BAP? |
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|
OCCD
|
CA
|
05-16-2018
|
Letter/Correspondence
|
|
|
Comment: From Attorney Jordan J. Hemaidan advising the co-appeallant joins in the brief filed by appellant.
|
||||
|
OCCD
|
CA
|
05-16-2018
|
Brief & Appx of Appellant(s)
Brief of Appellant |
|
|
Filed By: Ryan Walsh
Comment: Separate Appendix. 02-02-2021: Received 10 copies of CA briefs for SC use. 03-01-2021: Received 10 copies of CA brief for SC use. |
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|
OCCD
|
CA
|
05-02-2018
|
Motion for Miscellaneous Relief
|
|
|
Filed By: Jordan Hemaidan
Submit Date: 5-2-2018 Decision: (G) Grant Decision Date: 5-4-2018 ORD that the intervenor-co-appellant's motion for permission to join the brief(s) of the respondent-appellant is granted. FRO that the time for the respondent-appellant to file its opening brief is extended to May 16, 2018. See Wis. Stat. Rule 809.82(2)(a). Comment: Motion for co-appellant to join appellant brief |
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|
OCCD
|
CA
|
05-01-2018
|
Motion to Extend Time
|
|
|
Filed By: Ryan Walsh
Submit Date: 5-2-2018 Decision: (G) Grant Decision Date: 5-4-2018 ORD that the intervenor-co-appellant's motion for permission to join the brief(s) of the respondent-appellant is granted. FRO that the time for the respondent-appellant to file its opening brief is extended to May 16, 2018. See Wis. Stat. Rule 809.82(2)(a). Motion Response Filed By: Sarah Geers Submit Date: 5-4-2018 See BAP event due on 5-16-2018 |
||||
|
OCCD
|
CA
|
04-09-2018
|
Attorney Change
|
|
|
Comment: Chief Deputy Solicitor General Ryan J. Walsh and Assistant Solicitor General for DNR per notice of appearance.
|
||||
|
OCCD
|
CA
|
04-03-2018
|
Court Order
|
|
|
ORD that the appellant's brief and co-appellant's brief shall be filed within thirty-five days, by May 8, 2018.
|
||||
|
OCCD
|
CA
|
04-03-2018
|
Transfer to District II
|
|
|
Comment: TDD 08-26-2016
|
||||
|
OCCD
|
CA
|
04-03-2018
|
Hold Status
|
|
|
OCCD
|
CA
|
04-02-2018
|
Sua Sponte
|
|
|
Filed By: Unassigned District 4
Submit Date: 4-2-2018 Decision: (O) Other Decision Date: 4-3-2018 Letter to parties: These consolidated appeals are now docketed in the District II Court of Appeals. Comment: appellants designated District II decide appeal |
||||
|
OCCD
|
CA
|
08-09-2017
|
Attorney Change
|
|
|
Comment: Deputy Solicitor General LeRoy for Wisconsin Department of Natural Resources per notice of appearance.
|
||||
|
OCCD
|
CA
|
01-24-2017
|
Consolidated Case
|
|
|
Comment: [2016AP001688, 2016AP002502]
|
||||
|
OCCD
|
CA
|
01-17-2017
|
Motion to Consolidate
|
|
|
Filed By: Jennifer Vandermeuse
Submit Date: 1-17-2017 Decision: (G) Grant Decision Date: 1-24-2017 ORD that Appeal Nos. 2016AP1688 and 2016AP2502 are hereby consolidated for briefing and disposition. FRO that the briefing schedule shall remain on hold until the Wisconsin Supreme Court has resolved the DNR's pending writs concerning the proper appellate venue for the appeals. Comment: [2016AP001688, 2016AP002502] |
||||
|
OCCD
|
SC
|
12-09-2016
|
Court Order
|
|
|
ORD that the respondents, Wisconsin Court of Appeals, District IV, et al., are directed to file a formal response to the petition for supervisory writ, or a statement that no response will be filed, on or before December 30, 2016; and FRO that the request of the petitioner, Dept. of Natural Resources, for a stay of the merits briefing in Clean Wisconsin, Inc. v Dept of Natural Resources, No. 16AP1688, pending disposition of this petition is granted, ex parte.
|
||||
|
OCCD
|
CA
|
11-18-2016
|
Attorney Change
|
|
|
Comment: Attorney Kathryn Nekola for Attorney Elizabeth Wheeler, on behalf of Clean Wisconsin, per Notice of Withdrawal and Appearance
|
||||
|
OCCD
|
CA
|
11-03-2016
|
Motion for Miscellaneous Relief
|
|
|
Filed By: Joseph Brydges
Submit Date: 11-3-2016 Decision: (D) Deny Decision Date: 11-8-2016 ORD that the time to file the appellant's brief is extended to 1/13/17. FRO that the motion for staggered briefing is denied. Comment: Motion to Stagger Briefing Schedule |
||||
|
OCCD
|
CA
|
11-01-2016
|
Motion for Stay
|
|
|
Filed By: Jennifer Vandermeuse
Submit Date: 11-2-2016 Decision: (G) Grant Decision Date: 11-8-2016 ORD that the time to file the appellant's brief is extended to 1/13/17. FRO that the motion for staggered briefing is denied. Comment: Motion for stay of briefing, or, alternatively, motion for extension of time |
||||
|
OCCD
|
CA
|
10-12-2016
|
Non-Electronic Record Item
|
|
|
Comment: Item 34: CD and Kinnard Farms Inc. Confidential exhibits #123 and #124
|
||||
|
OCCD
|
CA
|
10-05-2016
|
Record
|
|
|
Comment: ELECTRONICALLY FILED; 1-44 to 58-1
|
||||
|
OCCD
|
CA
|
09-19-2016
|
Court Reporter's Statement-Trans.
|
|
|
Court Reporter Name: (Jenson, Debra)
|
||||
|
OCCD
|
CA
|
09-16-2016
|
Transcript filed in Circuit Court
|
|
|
OCCD
|
CA
|
09-09-2016
|
Motion for Miscellaneous Relief
|
|
|
Filed By: Jennifer Vandermeuse
Submit Date: 9-12-2016 Decision: (D) Deny Decision Date: 9-29-2016 ORD that the motion for reconsideration is denied. Motion Response Filed By: Jennifer Vandermeuse Submit Date: 9-15-2016 Motion Response Filed By: Sarah Geers Submit Date: 9-20-2016 Comment: Motion for Change of Venue |
||||
|
OCCD
|
CA
|
09-09-2016
|
Statement on Transcript
|
|
|
Filed By: Joseph Brydges
Status: Other Comment: Co-Appellant; required transcripts have been ordered by appellant |
||||
|
OCCD
|
CA
|
09-07-2016
|
Caption Amended
|
|
|
OCCD
|
CA
|
09-06-2016
|
Letter/Correspondence
|
|
|
Comment: from AAG Vandermeuse advising circuit court order refers to Interested Persons as Petitioners; caption amended
|
||||
|
OCCD
|
CA
|
09-06-2016
|
Statement on Transcript
|
|
|
Filed By: Jennifer Vandermeuse
Status: Ordered |
||||
|
OCCD
|
CA
|
08-31-2016
|
Other Papers
|
|
|
Comment: Notice: The underlying action is judicial review of a contested case decision under Wis. Stat. s. 227.52. The appellants are not entitiled to select the district on appeal under s. 752.21(2). Therefore, this appeal has been docketed before the Court of Appeals District IV. See s. 752.21(1).
|
||||
|
OCCD
|
CA
|
08-30-2016
|
Notif. Sent - Filing of NOP & Ct. Rec.
|
|
|
Comment: Co-
|
||||
|
OCCD
|
CA
|
08-30-2016
|
Notif. Sent-Filing of NAP & Ct. Record
|
|
|
OCCD
|
CA
|
08-30-2016
|
Fee Paid
|
|
|
Comment: Receipt No: 16R 002036
|
||||
|
OCCD
|
CA
|
08-30-2016
|
Fee Waived
|
|
|
Comment: Appellant-DNR (State)
|
||||
|
OCCD
|
CA
|
08-29-2016
|
Notice of Addtl/Amended (Other) Appeal
|
|
|
Comment: Co-
|
||||
|
OCCD
|
CA
|
08-29-2016
|
Notice of Appeal & Circuit Court Docket Entries
|
|
|
OCCD
|
CA
|
08-26-2016
|
Transfer District Designation
|
|
|
Comment: Kinnard Farms designates D2
|
||||
|
OCCD
|
CA
|
08-26-2016
|
Docketing Statement from Appellant
|
|
|
Comment: Co-Appellant
|
||||
|
OCCD
|
CA
|
08-26-2016
|
Other Appeal Filed In Circuit Court
|
|
|
Comment: Co-
|
||||
|
OCCD
|
CA
|
08-24-2016
|
Transfer District Designation
|
|
|
Comment: DNR designates D2
|
||||
|
OCCD
|
CA
|
08-24-2016
|
Notice of Appeal filed in Cir. Ct.
|
|
|
OCCD
|
CA
|
08-24-2016
|
Docketing Statement from Appellant
|
|
|
OCCD
|
CA
|
07-14-2016
|
Order of Circuit Court
|
|