Appellate Opinions Released January 26, 2006
The Wisconsin Supreme Court released its opinion in Fazio v. Department of Employee Trust Funds today, in which the Court addressed whether an unconstitutional "taking" occurs if the Department does not pay interest or earnings on a death benefit payable from the Wisconsin Retirement Fund that accrue between the participant's date of death and the date the death benefit is paid. The Court found nothing unconstitutional because "the beneficiary does not acquire a property interest in a single cash sum death benefit . . . until the beneficiary applies for a death benefit . . . ."
The Wisconsin Court of Appeals released these opinions today, including the following, which were recommended for publication:
State v. Howell, in which the Court rejected Mr. Howell's argument that he should be entitled to withdraw his guilty plea because he did not understand party-to-a-crime liability.
Lake Country Racquet and Athletic Club, Inc. v. Morgan, addressing whether a tax-exemption on property owned by the YMCA violated the Wisconsin Constitution's ban on private legislation, and the equal protection guarantees of the state and federal constitutions. The Court found no constitutional infirmity.
Dempich v. Pekin Insurance Company, holding that the Dempichs were entitled to no underinsured motorist coverage under their State Farm automobile insurance policy due to the unambiguous reducing, anti-stacking and excess clauses of that policy.
City of Janesville v. CC Midwest, Inc., addressing the City's request for a writ of assistance to remove CC Midwest from property it had acquired through the exercise of eminent domain. The Court concluded the City had not made comparable replacement property available to CC Midwest, as required by statute, and so was not entitled to the writ.
The Wisconsin Court of Appeals released these opinions today, including the following, which were recommended for publication:
State v. Howell, in which the Court rejected Mr. Howell's argument that he should be entitled to withdraw his guilty plea because he did not understand party-to-a-crime liability.
Lake Country Racquet and Athletic Club, Inc. v. Morgan, addressing whether a tax-exemption on property owned by the YMCA violated the Wisconsin Constitution's ban on private legislation, and the equal protection guarantees of the state and federal constitutions. The Court found no constitutional infirmity.
Dempich v. Pekin Insurance Company, holding that the Dempichs were entitled to no underinsured motorist coverage under their State Farm automobile insurance policy due to the unambiguous reducing, anti-stacking and excess clauses of that policy.
City of Janesville v. CC Midwest, Inc., addressing the City's request for a writ of assistance to remove CC Midwest from property it had acquired through the exercise of eminent domain. The Court concluded the City had not made comparable replacement property available to CC Midwest, as required by statute, and so was not entitled to the writ.
posted by Daniel Kelly at 12:56 PM
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