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MARTINEZ v. DILHR

No. 90-1266.

165 Wis.2d 687 (1991)

Jose MARTINEZ, Maria Leonor Martinez, Carlos Martinez, Maria Isabel Martinez, Jorge Martinez, Francisco Carrizales, Silvia Carrizales, Mario Rivera, Sr., Martha Rivera, Belinda Rivera, Margarita Guerrero and Jose Guerrero, Plaintiffs-Respondents-Petitioners, JOINT COMMITTEE ON LEGISLATIVE ORGANIZATION and Joint Committee for Review of Administrative Rules, Intervenors-Plaintiffs-Respondents-Petitioners, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, Carol Skornicka, Secretary of the Department of Industry, Labor and 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.

Supreme Court of Wisconsin.

Decided January 15, 1992.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners there were briefs by Lawrence G. Albrecht, Kevin G. Magee and Legal Action of Wisconsin, Inc., Madison and oral argument by Mr. Albrecht.

For the intervenors-plaintiffs-respondents-petitioners there were briefs by Jeffrey J. Kassel, Brady C. Williamson and LaFollette & Sinykin, Madison and oral argument by Mr. Kassel.

For the defendants-appellants the cause was argued by Mr. Weinstein, assistant attorney general, with whom on the brief was David C. Rice, assistant attorney general Warren D. Weinstein, assistant attorney general and James E. Doyle, attorney general.

Amicus Curiae brief was filed by LeRoy A. Lokken, Madison for Wisconsin Alliance of Cities.

STEINMETZ, J.

The issue in this case is whether sec. 227.26, Stats., is unconstitutional. Section 227.26 authorizes the legislature's Joint Committee for Review of Administrative Rules (JCRAR) to temporarily suspend administrative rules pending bicameral review by the legislature and presentment to the governor for veto or other action.1

The Dane county circuit court, the Honorable Susan...

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