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JONES v. MILWAUKEE COUNTY

No. 91-0817.

168 Wis.2d 892 (1992)

485 N.W.2d 21

Vanessa and Kevin JONES, Plaintiffs-Respondents, Alex GARDNER, Plaintiff-Intervenor, v. MILWAUKEE COUNTY and Milwaukee County Department of Social Services, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided June 17, 1992.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was argued by Robert G. Ott, Milwaukee County Corporation Counsel with whom on the brief (in the Court of Appeals) was James T. McClutchy, Deputy Corporation Counsel.

For the plaintiffs-respondents there was a brief (in the Court of Appeals) by Patricia DeLessio, Anne L. DeLeo and Legal Action of Wisconsin, Milwaukee and oral argument by Ms. DeLessio.

Amicus curiae brief (in the Court of Appeals) was filed by David Prosser, Jr. and Christopher L. Wolle, Madison for Representative David Prosser, Jr.

Amicus curiae brief was submitted by James H. McDermott, assistant attorney general, Donald P. Johns, assistant attorney general and James E. Doyle, attorney general.

DAY, J.

This is an appeal on bypass granted pursuant to sec. 809.60, Stats., 1989-90, from a decision by the Circuit Court for Milwaukee County, Patricia D. McMahon, Judge, holding sec. 49.015, Stats., 1985-86, which requires dependent persons to have resided in Wisconsin for at least 60 consecutive days to be eligible for general relief, to be unconstitutional under the equal protection clauses of the United States and Wisconsin Constitutions.

We hold that...

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