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KRUG v. ZEUSKE

No. 94-3193.

199 Wis.2d 406 (1996)

544 N.W.2d 618

Shirley KRUG, Fred Risser, Ervin Nowak, James Palmer, Robert & Betty Gloudeman, Delene Hansen, Fay Amerson, Rebecca Young, Tammy Baldwin and Spencer Black, Plaintiffs-Appellants, v. Cathy S. ZEUSKE, James R. Klauser, and Charles H. Thompson, Defendants-Respondents, HOFFMAN CONSTRUCTION COMPANY, Kaiser Construction, Inc., Mashuda Construction, Inc., Pagel Construction, and James Peterson Sons, Inc., Intervening Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 18, 1996.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Lynn Adelman of Adelman, Adelman, & Murray, S.C., of Milwaukee.

For the defendants-respondents the cause was submitted on the brief of James E. Doyle, attorney general, with Gerald S. Wilcox, assistant attorney general.

For the intervening defendants-respondents the cause was submitted on the brief of Robert J. Smith, Carl A. Sinderbrand, and Hugh N. Anderson, of Wickwire Gavin, P.C., of Madison.

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

EICH, C.J.

We hold in this case that several 1994 laws authorizing payment of approximately $300,000 to state highway contractors to cover increased fuel costs incurred by them in performing the contracts is unconstitutional.

The law was challenged by a group of state legislators, taxpayers and local elected officials, on grounds that the payments constituted "extra compensation" to the contractors in violation...

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