Justia Wisconsin Supreme Court Opinion Summaries

In this original action filed by Petitioners to remedy malapportionment in Wisconsin's state legislative and congressional districts the Supreme Court held that the maps proposed by the Wisconsin Legislature were race neutral.On March 3, 2022, the Supreme Court selected legislative and congressional maps drawn by Governor Tony Evers. On certiorari review, the United States Supreme Court summarily reversed, concluding that racial motivations drove the Governor's selection of district lines. On remand, the Supreme Court held (1) the maps proposed by the Governor, Senator Janet Bewley, Black Leaders Organizing for Communities, and Citizen Mathematicians and Scientists were racially motivated and failed strict scrutiny under the Equal Protection Clause; and (2) this Court adopts the state senate and assembly maps proposed by the State Legislature. View "Johnson v. Wisconsin Elections Commission" on Justia Law

The Supreme Court affirmed the decision of the Board of Review for the City of Kenosha classifying certain property as residential, holding that the Board's determination to sustain the residential classification was supported by sufficient evidence.The City assessor valued the subject property at $89,800 and classified it as residential for property tax purposes. On appeal, Appellant argued that the property should be classified as residential. The Board sustained the assessor's classification. The circuit court and court of appeals affirmed. The Supreme Court affirmed, holding (1) the Board acted according to law when it looked for more than minimal agricultural use in evaluating whether the property was devoted primarily to agricultural use; (2) the Board did not err in considering the prospective residential use of the property; and (3) the Board's determination to sustain the residential classification was supported by sufficient evidence. View "Nudo Holdings, LLC v. Board of Review for the City of Kenosha" on Justia Law

The Supreme Court affirmed the decision of the court of appeals, which summarily affirmed the decision of the circuit court affirming the results of a referendum recount conducted pursuant to Wis. Stat. 9.01, holding that Wis. Stat. 7.54 does not apply when an appeal of the result of a recount by the board of canvassers is before an appellate court.On review, Petitioners - James Sewell and George Myers - argued that the Racine Unified School District Board of Canvassers mistakenly calculated the recount's vote totals and that Sewell had an absolute right under section 7.54 to have the ballots opened and reviewed in circuit court. The circuit court affirmed the Board of Canvassers' recount, and the court of appeals affirmed. The Supreme Court affirmed, holding that while section 7.54 appears to provide an occasion to utilize its provisions in regard to a contested election, it did not apply in this case. View "Sewell v. Racine Unified School District Board of Canvassers" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the circuit court suppressing the results of a sheriff's deputy's blood test performed on Defendant but allowing the State to subpoena the hospital for Defendant's medical records, which included the hospital's blood-test results, holding that there was no error.After Defendant crashed his vehicle, he was taken to the hospital. While he was there, two blood tests were performed - the first one by the hospital for treatment purposes and a later one at the direction of the deputy for diagnostic and investigative purposes. Defendant moved to suppress the results of the deputy's blood draw because the deputy had no warrant and no exceptions to the warrant requirement applied. The circuit court granted the motion. Thereafter, the court granted the State's request to issue a subpoena to the hospital for Defendant's medical records. On appeal, Defendant argued that those results should be suppressed under the Fourth Amendment's exclusionary rule. The Supreme Court affirmed, holding that the hospital's blood-test results were admissible under the independent-source doctrine. View "State v. Linn" on Justia Law

The Supreme Court ruled that Cree, Inc. did not unlawfully discriminate against Derrick Palmer based on his conviction record by rescinding its job offer, holding that Cree sufficiently established that the circumstances surrounding Palmer's prior convictions for domestic violence substantially related to the circumstances of the offered position.In 2013, Palmer was convicted for committing eight crimes of domestic violence against his live-in girlfriend. Palmer later applied to work for Cree as an Applications Specialist. Cree offered Palmer the job subject to a background check, which revealed Palmer's 2013 convictions. Cree then rescinded its offer of employment. Palmer subsequently filed a discrimination complaint. The Labor and Industry Review Commission concluded that the domestic crimes at issue did not substantially related to the Applications Specialist job, and therefore, Cree discriminated against Palmer when it rescinded its job offer. The Supreme Court reversed, holding (1) Cree met its burden to establish a substantial relationship between the circumstances of Palmer's convicted offenses and the circumstances of the Applications Specialist position; and (2) therefore, Cree did not unlawfully discriminate against Palmer based on his conviction record. View "Cree, Inc. v. Labor & Industry Review Commission" on Justia Law

The Supreme Court held that Brown County's sales and use tax ordinance was consistent with Wis. Stat. 77.70 and therefore lawful and that there was no error in the proceedings below.Brown County Taxpayers Association (BCTA) argued that Brown County's sales and use tax was invalid because it did not dollar-for-dollar directly reduce the County's property tax levy, in violation of section 77.70, but instead was impermissibly used to fund new capital projects. The circuit court granted Brown County's motion for summary judgment. The Supreme Court affirmed, holding (1) nothing in section 77.70 requires the dollar-for-dollar offset sought by BCTA; and (2) because the Brown County sales and use tax ordinance does, in fact, directly reduce the property tax levy, the ordinance is permissible. View "Brown County v. Brown County Taxpayers Ass'n" on Justia Law

The Supreme Court adopted proposed remedial state senate and state assembly maps submitted by Governor Tony Evers in response to the Court's call for proposed maps for the set of districts where new district boundaries were required due to this Court's holding that maps enacted into law in 2011 were unconstitutional, holding that Governor Evers' maps satisfied all requirements.Specifically, the Supreme Court held (1) as to the proposed congressional maps, Governor Evers' proposed congressional map most complied with this Court's least-change directive, the federal Constitution, and all other applicable laws; and (2) as to the proposed State legislative maps, the Governor's proposed senate and assembly maps produced less overall change than other submissions, and the Governor's proposals satisfied the requirements of the state and federal constitutions. View "Johnson v. Wisconsin Elections Commission" on Justia Law

The Supreme Court reversed the decision of the court of appeals that applied the doctrine of forfeiture as the basis for its reversal of the circuit court's vacatur of Loren Imhoff Homebuilder, Inc.'s arbitral award under Wis. Stat. 788.10(1), holding that remand was required.This case arose from a construction contract that Imhoff entered into with Homeowners for a remodeling project on Homeowners' home. Homeowners later asserted that Imhoff breach the construction contract. The parties proceeded to arbitration. Imhoff brought a motion to confirm the arbitral award. Homeowners moved to vacate the award based partly on the arbitrator's sleeping during arbitration, which Homeowners alleged was both misbehavior that resulted in prejudice and indicative of a flawed process. The Supreme Court reversed, holding (1) Homeowners did not forfeit their objection to the arbitrator's sleeping; and (2) because this Court is divided on whether the arbitration award should be vacated pursuant to Wis. Stat. 788.10, remand was required for consideration of section 788.10 issues. View "Loren Imhoff Homebuilder, Inc. v. Taylor" on Justia Law

The Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of the Wisconsin Energy Corporation (WEC) in this action brought by Claudia Bauer seeking the removal of a natural-gas line installed beneath her property over forty years ago, holding that Bauer's claims against the WEC were properly dismissed.The natural-gas line was first installed with the permission of the property's then-owner, Virginia Garside. At issue before the Supreme Court was whether Garside's grant of permission ripened into a prescriptive right under Wis. Stat. 893.28(2), allowing the public utility to continue using the line over Bauer's protests. The Supreme Court held (1) the WEC met the required continuous use for ten years prior to Bauer's purchase of the property; (2) section 893.28(2) abrogated the claim-of-right requirement when it removed the adversity requirement; and (3) under section 893.28(2), the WEC's prescriptive right to continue using the gas line vested prior to Bauer's purchase of the property. View "Bauer v. Wisconsin Energy Corp." on Justia Law

The Supreme Court affirmed the decisions of the circuit court and court of appeals ordering two not guilty by reason of mental disease or defect (NGI) commitment periods to run consecutively, holding that circuit court properly exercised its authority to impose consecutive NGI commitment periods.In two separate cases, Defendant pleaded guilty to bail jumping and phone harassment. The circuit court accepted Defendant's pleas in both cases at the same hearing. The parties all agreed that Defendant was NGI for all of his offenses. The circuit court ordered a two-year term of commitment for one case and a three-year term of commitment for the second case to run consecutively. Defendant appealed, arguing that the commitment orders must run concurrently. The Supreme Court affirmed, holding that Wis. Stat. 971.17 provides circuit courts with the statutory authority to impose consecutive periods of NGI commitment. View "State v. Yakich" on Justia Law