MARQUARDT v. MILWAUKEE COUNTY

No. 98-3463.

234 Wis.2d 294 (2000)

2000 WI App 77

610 N.W.2d 496

William W. MARQUARDT, Plaintiff-Appellant, v. MILWAUKEE COUNTY, The Employees' Retirement System of Milwaukee County and the Pension Board of the Employees' Retirement System of Milwaukee County, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 14, 2000.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of John R. Hoaglund, Jr., of John R. Hoaglund, Jr., S.C., of Pewaukee, Wisconsin.

On behalf of the defendants-respondents, the cause was submitted on the brief of Mark A. Grady, principal assistant corporation counsel, of the Office of the Corporation Counsel for Milwaukee County.

Before Wedemeyer, P.J., Fine and Schudson, JJ.


¶ 1. SCHUDSON, J.

William W. Marquardt appeals from the circuit court order affirming the decision of the Pension Board of the Employees' Retirement System of Milwaukee County, and from the supplemental order dismissing his complaint. He argues that the circuit court erred in concluding that MILWAUKEE COUNTY CODE OF GEN. ORDINANCES § 201.24(11.9) (1994)1 required that the fifteen percent penalty he

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