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HOGAN v. MUSOLF

No. 89-1175.

163 Wis.2d 1 (1991)

471 N.W.2d 216

J. Gerard HOGAN, Delores Hogan, Jerome S. Poker, Margaret H. Poker, on behalf of themselves and all residents of the State of Wisconsin who were paid retirement benefits by the United States Government in any one or all of the years 1982, 1983, 1984, 1985, 1986, 1987 and 1988, similarly situated, Plaintiffs-Respondents, v. Mark E. MUSOLF, Individually and as former Secretary of the State of Wisconsin Department of Revenue, Michael Ley, Individually and as former Secretary of the State of Wisconsin Department of Revenue, Karen A. Case, Individually and as former Secretary of the State of Wisconsin Department of Revenue, Mark D. Bugher, Individually and as Secretary of the State of Wisconsin Department of Revenue and all their unknown agents, employees, successors in office, assistants and all others acting in concert or cooperation with the current and former Secretaries of the State of Wisconsin Department of Revenue or at the Direction of the current and former Secretaries of the State of Wisconsin, Department of Revenue, Defendants-Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided June 26, 1991.

Attorney(s) appearing for the Case

For the defendants-appellants-petitioners the cause was argued by F. Thomas Creeron, III, assistant attorney general, with whom on the briefs was Donald J. Hanaway, attorney general.

For the plaintiffs-respondents there was a brief by Eugene O. Duffy, Gregory W. Lyons, Mark S. Poker, Patricia E. Ostrenga and O'Neil, Cannon & Hollman, S.C. Milwaukee and oral argument by Mr. Duffy.

WILLIAM A. BABLITCH, J.

This case does not involve the question of whether these retirees are entitled to a tax refund. Nor does it involve the question of the amount of such refund. It involves only the question of what route these retirees must take in pursuing their claim for refund. The primary issue presented is whether these retirees must exhaust their state administrative remedies before filing a sec. 1983 action in state courts. The defendants, the present...

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