Brown County v. Brown County Taxpayers Association

Appeal Number 2020AP000940

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
04-06-2022
Remittitur

OCCD
SC
03-04-2022
Cites
971 N.W.2d 491

OCCD
SC
03-04-2022
Cites
400 Wis. 2d 781

OCCD
SC
03-04-2022
Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Dallet, Hagedorn, Karofsky
Opinion: Opinion
Decision: Affirmed Pages: 20
Written by: Bradley, Ann Walsh
Bradley, Rebecca Grassl Wrote Dissenting Opinion 26 pages.
Ziegler, Annette K. Joined Dissenting Opinion
Order Text: The order of the circuit court is affirmed.
Comment: Opinion/Decision Opinion/Decision - Supreme Court Opinion/Decision - Supreme Court

OCCD
SC
03-03-2022
Public Domain Citation
Comment: PDC No: 2022 WI 13

OCCD
SC
02-07-2022
Attorney address updated
Comment: Address changed for attorney: 27655 Andrew T. Phillips

OCCD
SC
11-16-2021
Oral Argument
Comment: 1st case, 9:45 a.m. in the Capitol Hearing Room. Anthony LoCoco for Defendants-Third-Party-Plaintiffs-Appellants. Andrew T. Phillips for Plaintiff-Respondent.

OCCD
SC
08-24-2021
Assigned-Oral Argument

OCCD
SC
07-30-2021
Other Brief
Filed By: Anthony LoCoco
Comment: Response to Non-Party Brief

OCCD
SC
07-14-2021
Motion to File Amicus/Non-Party Brief
Filed By: Anthony LoCoco
Submit Date: 7-14-2021
Decision: (G) Grant
Decision Date: 7-20-2021
IT IS ORDERED that the motion is granted. Defendants-third-party-plaintiffs-appellants may file a single brief in response to the non-party amicus brief on or before August 3, 2021.
Comment: Motion for Leave to File Response to Non-Party Brief

OCCD
SC
07-12-2021
Filed By: Joseph Olson
Comment: Wisconsin Counties Association

OCCD
SC
07-06-2021
Attorney Change
Comment: Notice of Withdrawal of Counsel

OCCD
SC
06-29-2021
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Richard Esenberg

OCCD
SC
06-29-2021
Response
Comment: parties to provide 17 copies of CA briefs if standing on CA brief, or 10 addl copies of CA brief if filing new SC brief (per cto 4/22/21)

OCCD
SC
06-24-2021
Motion to File Amicus/Non-Party Brief
Filed By: Joseph Olson
Submit Date: 6-24-2021
Decision: (G) Grant
Decision Date: 6-28-2021
IT IS ORDERED that the motion is granted. Twenty-two copies of the brief shall be filed on or before July 12, 2021.
Comment: re: Wisconsin Counties Association

OCCD
SC
06-15-2021
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Andrew Phillips
Comment: Brown County

OCCD
SC
06-10-2021
No Brief to Be Filed
Comment: Letter from AAG Keenan re: DOR will not be filing SC brief, will rely on CA brief (17 copies of brief rec'd).

OCCD
SC
05-24-2021
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Richard Esenberg

OCCD
CA
04-23-2021
Hold Status

OCCD
SC
04-22-2021
Court Changed to Supreme Court

OCCD
SC
03-03-2021
Certification Filed
Filed By: Supreme Court Supreme Court
Submit Date: 3-4-2021
Decision: (G) Grant
Decision Date: 4-22-2021
ORD that the certification is granted and the appeal is accepted for consideration of all issues raised before the court of appeals. When this court grants direct review upon certification, it acquires jurisdiction of the case, Wis. Const. art. VII, 3(3), that is, the entire appeal, which includes all issues, not merely the issues certified or the issue for which the court accepts the certification. State v. Stoehr, 134 Wis 2d 66, 70, 396 N. @.2d 177(1986); Wis. Stat. 808.05(2) and (Rule) 809.61. Further, the court has jurisdiction over issues not certified because the court may review an issue directly on its own motion. Wis. Stat. 808.05(3); and
FRO that within 30 days after the date of this order the appellant 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 must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the respondent, within 10 days of filing, the appellant must 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 part
Comment: Court Order of 4/22/21

OCCD
CA
03-03-2021
Judge Panel: Stark, Hruz, Seidl
Opinion: Certification
Decision: Certification Filed Pages: 22
Order Text: Certification filed

OCCD
CA
12-08-2020
Submitted on Briefs

OCCD
CA
11-04-2020
Briefs Received At State Law Library
Comment: Brief of Amicus Curiae

OCCD
CA
10-30-2020
Other Papers
Comment: Notice of Withdrawal re: Atty Lucas Vebber

OCCD
CA
10-16-2020
Briefs Sent to District

OCCD
CA
10-16-2020
Filed By: Joseph Olson

Comment: Wisconsin Counties Association, separate appendix

OCCD
CA
10-09-2020
Briefs Received At State Law Library

OCCD
CA
09-23-2020
Rejected Electronic Document
Comment: This electronic version of the Reply brief has a document type description that reads "Brief of Appellant", as selected by the filing party. This document type description is not accurate and the e-document must therefore be rejected. Please upload a corrected electronic version of the brief and select "Reply brief" so that the correct colored electronic indicator bar (gray) will associate with the e-brief upon acceptance. Please notify clerk's office staff when done by calling 608-266-1880 so that it may be accepted for filing. Failure to notify may result in the delayed acceptance of the corrected e-document.

OCCD
CA
09-21-2020
Record and Briefs Sent to District 3

OCCD
CA
09-21-2020
Certificate of Filing by Mail
Comment: RE: Reply Brief, Mailed 9-18-2020, Copies (10), IB.

OCCD
CA
09-21-2020
Reply Brief
Reply Brief
Filed By: Anthony LoCoco

Comment: Received 10 additional copies of CA briefs for SC use. -FW 6/29/2021

OCCD
CA
09-18-2020
Motion to File Amicus/Non-Party Brief
Filed By: Joseph Olson
Submit Date: 10-1-2020
Decision: (G) Grant
Decision Date: 10-2-2020
IT IS ORDERED that the motion is granted. The amicus brief shall be filed by October 16, 2020. The brief shall not exceed thirteen pages if a monospaced font is used or 3,000 words if a proportional serif font is used. WIS. STAT. RULE 809.19(8)(c)2.
Comment: re: Wisconsin Counties Association 10-02-20 Order

OCCD
CA
09-09-2020
Notice of Appearance
Comment: Notice of Appearance filed by Atty Nelson

OCCD
CA
09-08-2020
Notice of Appearance
Comment: Filed by Atty Chintamaneni

OCCD
CA
09-08-2020
Certificate of Filing by Mail
Comment: RE: Respondent's Brief, Mailed 9-2-2020, Copies (10).

OCCD
CA
09-08-2020
Filed By: Brian Keenan

Comment: Peter Barca, Secretary, Wisconsin Department of Revenue. 06-10-2021: received 17 copies of CA briefs for SC use. Ack filing of Brief of Respondent & COM

OCCD
CA
09-03-2020
Certificate of Service
Comment: RE: Respondent's Brief, Mailed 9-3-2020, Copies (10), IB.

OCCD
CA
09-03-2020
Notice of Appearance
Comment: Notice of Appearance re: Attys Raines & Avallone

OCCD
CA
09-03-2020
Brief of Respondent(s)
Brief of Respondent - Brown County
Filed By: Andrew Phillips

Comment: Brown County. 6/15/2021: received 10 copies of CA briefs for SC use.

OCCD
CA
08-04-2020
Certificate of Filing by Mail
Comment: RE: Appellant's Brief and Appendix, Mailed 8-3-2020, Copies (12), IB.

OCCD
CA
08-04-2020
Brief & Appx of Appellant(s)
Brief of Appellants
Filed By: Richard Esenberg

Comment: Appendix Brief of Appellant. 05-24-21: Received 10 copies of CA briefs for SC use.

OCCD
CA
06-22-2020
Record
Comment: 1-16 to 128-1, ELECTRONICALLY FILED Record Ack. Notice

OCCD
CA
06-08-2020
Other Papers
Comment: Rec'd returned mail for Atty Andrew T. Phillips (5/28/20 NNA) marked by USPS "RTS - not deliverable as addressed - unable to fwd"; nothing appears incorrect on envelope, www.wisbar.org lists address whose only difference is omission of PO Box. Mailing resent 6/10/20 to physical address, PO Box omitted from atty's address record.

OCCD
CA
06-08-2020
Attorney Change
Comment: AAG Keenan added as co-counsel for Peter Barca per letter. Attorney Change

OCCD
CA
06-01-2020
Statement on Transcript
Filed By: Richard Esenberg
Status: Prev. Filed
Comment: Statement on Transcript

OCCD
CA
05-30-2020
Fee Paid
Comment: Receipt No: 20R 001030

OCCD
CA
05-29-2020
Notif. Sent-Filing of NAP & Ct. Record
Comment: Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
05-28-2020
Notice of Appeal & Court Record
Comment: Notice of Appeal & Court Record

OCCD
CA
05-22-2020
Docketing Statement from Appellant
Comment: Docketing Statement from Appellant

OCCD
CA
05-20-2020
Notice of Appeal filed in Cir. Ct.
Comment: Notice of Appeal filed in circuit court

OCCD
CA
05-18-2020
Judgment of Circuit Court