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MILWAUKEE BREWERS v. DH&SS

No. 85-0164.

130 Wis.2d 79 (1986)

387 N.W.2d 254

MILWAUKEE BREWERS BASEBALL CLUB, a Wisconsin limited partnership, Milwaukee Brewers Baseball Club, Inc., Raymond Elwood Jackson and Ray Jackson's, Inc., Plaintiffs-Appellants and Cross-Respondents, v. Wisconsin DEPARTMENT OF HEALTH & SOCIAL SERVICES, and Linda Reivitz, Defendants-Respondents and Cross-Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided May 12, 1986.

Attorney(s) appearing for the Case

For the petitioners the cause was argued by Robert W. Larsen, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the plaintiffs-appellants and cross-respondents there was a brief by David E. Beckwith, Michael A.. Bowen, Leonard G. Leverson and Foley & Lardner, Milwaukee, and oral argument by Mr. Beckwith.

Amicus curiae brief was filed by Brady C. Williamson, Brett A. Thompson, Lawrence Bensky and La Follette & Sinykin, Madison, for the Wisconsin Senate and its majority leader and for the Wisconsin Assembly and its speaker.

BABLITCH, J.

The 1983 budget bill, more than 400 pages long, is an omnibus bill dealing with a broad range of unrelated topics. The plaintiffs (hereinafter, "the Brewers") challenge three provisions of the bill: 1) sec. 46.05(1o)(a), Stats., which requires the Wisconsin Department of Health and Social Services (DHSS) to build a prison in the Menomonee Valley; 2) 1983 Wis. Act 27, sec. 2020(32m)(f), which forbids the DHSS to hold a contested case hearing on the final...

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