Friday, July 07, 2006

Appellate Decisions Released July 6, 2006

The Wisconsin Supreme Court released the following opinions on July 6, 2006:

Hilton v. Department of Natural Resources. When an administrative agency adopts by rule an ALJ's decision, that decision is entitled to great weight deference on review.


All Star Rent A Car, Inc. v. Wisconsin Department of Transportation. When seeking review of a Division of Hearings and Appeals decision a petitioner must, in addition to naming and serving the adverse party (in this case the Department of Transportation), also name and serve the Division of Hearings and Appeals. The Supreme Court found the judicial review statute ambiguous, but held that the "Notice" section included with the DHA's written decision, which included this requirement, dispelled the ambiguity.


Racine Harley-Davidson, Inc. v. State of Wisconsin Division of Hearings and Appeals (assignment of territory to a dealer is part of the motor vehicle dealer agreement).


The Wisconsin Court of Appeals released these opinions on July 6, 2006, but did not recommend any for publication.