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ST. MICHAEL'S CHURCH v. ADMIN. DEPT.

No. 85-1171.

137 Wis.2d 326 (1987)

404 N.W.2d 114

STATE EX REL. ST. MICHAEL'S EVANGELICAL LUTHERAN CHURCH, Petitioner-Respondent, v. DEPARTMENT OF ADMINISTRATION, DIVISION OF HEARINGS & APPEALS, Appellant.

Court of Appeals of Wisconsin.

Decided February 19, 1987.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Michael J. Losse, assistant attorney general.

For the petitioner-respondent the cause was submitted on the brief of Jon P. Axelrod and Jennifer Dean Andrews and DeWitt, Sundby, Huggett, Schumacher & Morgan, S.C., of Madison.

Before Gartzke, P.J., Dykman and Eich, JJ.

GARTZKE, P.J.

The Department of Administration, Division of Hearings and Appeals, appeals from an order granting the petition of St. Michael's Evangelical Church for a writ of prohibition. The writ prohibits the division from conducting a hearing on forfeitures assessed by the Department of Health and Social Services against St. Michael's. The issues are: (1) may a circuit court issue a writ of prohibition to prevent an agency from hearing a matter when the agency...

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