MARTINEZ v. DILHR

No. 90-1266.

160 Wis.2d 272 (1991)

466 N.W.2d 189

Jose MARTINEZ, Maria Leonor Martinez, Carlos Martinez, Maria Isabel Martinez, Jorge Martinez, Francisco Carrizales, Silivia Carrizales, Mario Rivera, Sr., Martha Rivera, Belinda Rivera, Margarita Guerrero and Jose Guerrero, Plaintiffs-Respondents, JOINT COMMITTEE ON LEGISLATIVE ORGANIZATION and Joint Committee for Review of Administrative Rules, Intervenors-Plaintiffs-Respondents, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, Gerald Whitburn, Secretary of the Department of Industry, Labor & Human Relations, Defendants-Appellants, GARTH TOWNE, also d/b/a Garth Towne's Farm, John H. Knoch, also d/b/a K-Farms, and G.R. Kirk Company, a foreign corporation, Defendants.

Court of Appeals of Wisconsin.

Decided January 15, 1991.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Warren D. Weinstein and David C. Rice, assistant attorneys general of Madison.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Lawrence C. Albrecht and Michele Sumara of Legal Action of Wisconsin, Inc. of Madison.

On behalf of the intervenors-plaintiffs-respondents, the cause was submitted on the brief of Jeffrey J. Kassel and Brady C. Williamson of LaFollette & Sinykin of Madison.

Before Cane, P.J., LaRocque and Myse, JJ.


LaROCQUE, J.

The Department of Industry, Labor and Human Relations, a unit of the executive branch of our state government, appeals a summary judgment upholding the constitutionality of sec. 227.26, Stats., that empowers the Wisconsin Legislature's Joint Committee for Review of Administrative Rules (JCRAR) to suspend all or part of an administrative rule after its adoption by DILHR. We hold that sec. 227.26 violates the doctrine of separation of powers and also encroaches...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases