HELGELAND v. WISCONSIN MUNICIPALITIES

No. 2005AP2540.

724 N.W.2d 208 (2006)

2006 WI App 216

Jody HELGELAND, Jessie Tanner, Virginia Wolf, Carol Schumacher, Diane Schermann, Michelle Collins, Megan Sapnar, Ingrid Ankerson, Eloise McPike, Janice Barnett, Jayne Dunnum and Robin Timm, Plaintiffs-Respondents, v. WISCONSIN MUNICIPALITIES, Appellant, Wisconsin State Senate and Assembly, Co-Appellant, Department of Employee Trust Funds, Employee Trust Funds Board, Eric Stanchfield and Group Insurance Board, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed September 28, 2006.


Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of Michael D. Dean of Michael D. Dean, LLC, Waukesha.

On behalf of the co-appellant, the cause was submitted on the briefs of Glen Lavy of Alliance Defense Fund, Scottsdale, Arizona, and Krystal Williams-Oby of Alliance Defense Fund, Madison.

On behalf of the plaintiffs-respondents, the cause was submitted on the briefs of Linda Roberson of Balisle & Roberson, Madison; Laurence J. Dupuis of ACLU of Wisconsin Foundation, Inc., Milwaukee; John A. Knight of American Civil Liberties Union Foundation, Chicago, Illinois; and Rose A. Saxe and James D. Esseks of American Civil Liberties Union Foundation, New York, New York.

On behalf of the defendants-respondents, the cause was submitted on the brief of Christopher J. Blythe and Jennifer Sloan Lattis, assistant attorneys general, and Peggy A. Lautenschlager, attorney general.

Before DYKMAN, VERGERONT and HIGGINBOTHAM, JJ.


¶ 1 HIGGINBOTHAM, J.

This is a suit challenging the constitutionality of statutes administered by a state agency. The plaintiffs in this case filed a declaratory judgment action challenging the constitutionality of WIS. STAT. §§ 40.02 and 103.10(3) (2003-04).1 The Wisconsin State Senate and State Assembly (the Legislature) and eight Wisconsin Municipalities (the Municipalities) sought to intervene in the action, but the...

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