No. 98-1126.

244 Wis.2d 333 (2001)

2001 WI 65

627 N.W.2d 866

MILWAUKEE DISTRICT COUNCIL 48, American Federation of State, County and Municipal Employees, AFSCME, AFL-CIO and Frank Jurena, Jr., Plaintiffs-Respondents-Petitioners, v. MILWAUKEE COUNTY and Milwaukee County Pension Board, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided June 15, 2001.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners there were briefs by Alvin R. Ugent and Podell, Ugent, Haney & Miszewski, S.C., Milwaukee, and oral argument by Alvin R. Ugent and Robert E. Haney.

For the defendants-appellants there was a brief and oral argument by Timothy R. Schoewe, deputy corporation counsel.

An amicus curiae brief was filed by Jeffrey P. Sweetland and Shneidman, Myers, Dowling, Blumenfield, Ehlke, Hawks & Domer, Milwaukee, on behalf of the Wisconsin Federation of Nurses and Health Professionals, AFT, AFL-CIO.

An amicus curiae brief was filed by Franklyn M. Gimbel, Aaron M. Hurvitz and Gimbel, Reilly, Guerin & Brown, Milwaukee, on behalf of the Milwaukee Deputy Sheriff's Association.

An amicus curiae brief was filed by Lucy T. Brown on behalf of the Wisconsin Education Association Council, and oral argument by Lucy T. Brown.


This is a review of an unpublished decision of the court of appeals,1 reversing an order of the Circuit Court for Milwaukee County, Charles F. Kahn, Jr., Judge. The case involves Milwaukee County's procedure for denying pension benefits to employees who have been discharged for "cause."

¶ 2. Under the Milwaukee County ordinances, a Milwaukee County employee has a property interest in a deferred...

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