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JUNEAU COUNTY v. COURTHOUSE EMPLOYEES

No. 96-2816.

216 Wis.2d 284 (1998)

576 N.W.2d 565

JUNEAU COUNTY, Petitioner-Appellant-Cross-Respondent, v. COURTHOUSE EMPLOYEES, LOCAL 1312, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, Highway Department Employees, Local 569, American Federation of State, County and Municipal Employees, AFL-CIO, Professional Employees, American Federation of State, County and Municipal Employees, AFL-CIO, Respondents-Respondents-Cross-Appellants.

Court of Appeals of Wisconsin.

Decided January 15, 1998.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant-cross-respondent, the cause was submitted on the briefs of Mark B. Hazelbaker of Bell, Metzner, Gierhart & Moore, S.C. of Madison.

On behalf of the respondents-respondents-crossappellants, the cause was submitted on the brief of Bruce F. Ehlke of Shneidman, Myers, Dowling, Blumenfield, Ehlke, Hawks & Domer of Madison.

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

ROGGENSACK, J.

Juneau County appeals from the circuit court's conclusion that the declaratory judgment action which it filed on October 12, 1995, was maintained when Juneau County knew or should have known that the action was frivolous within the meaning of § 814.025, STATS. Local 1312, and others, crossappeal the conclusion that the action, though frivolous to continue, was not frivolous to file. Because we conclude that the amended complaint and answer thereto...

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