Geoffrey L. BILDA, Individually, and as representative of a class consisting of all sworn Milwaukee County Deputy Sheriffs who are members of the Milwaukee County Deputy Sheriffs' Association, and Virginia Schumann, Individually, and as representative of a class consisting of all Milwaukee County Employes' Retirement System members who filed an application for retirement prior to January 1, 2001, but whose retirement is effective on or after January 1, 2001, all retired members and beneficiaries of members of the Milwaukee County Employes' Retirement System receiving pension benefits prior to January 1, 2001, and all those members of the Milwaukee County Employes' Retirement System eligible for deferred vested retirement effective January 1, 2001, Plaintiffs-Appellants,
Frank Liska, Randy Tylke, and Dennis Marchewka, Individually, and as representatives of a class consisting of all persons who are non-represented employees of Milwaukee County, members of the Milwaukee County Employes' Retirement System (ERS), and who are entitled to back-drop pension benefits under Sections 5.15 and 5.16 of Section 201.24 of the General Ordinances of Milwaukee County, Intervenors-Plaintiffs-Respondents,
v.
MILWAUKEE COUNTY and Milwaukee County Employes' Retirement System Pension Board, Defendants-Respondents,
Milwaukee County District Council 48, AFSCME, AFL-CIO, Wisconsin Federation of Nurses and Health Professionals, AFT, AFL-CIO, Association of Milwaukee County Attorneys, Milwaukee County Fire Fighters' Association, Local 1072, IAFF, AFL-CIO, and Technicians, Engineers & Architects of Milwaukee County (TEAMCO), Intervenors-Defendants-Respondents.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on Briefs December 7, 2005.
Opinion Filed July 20, 2006.
Attorney(s) appearing for the Case
On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of John F. Fuchs, Esq. of Fuchs, DeStefanis & Boyle, S.C. and Eugene O. Duffy, Esq. and Kerry E. Dwyer, Esq. of O'Neil, Cannon, Hollman, DeJong, S.C., Milwaukee.
On behalf of the defendants-respondents Milwaukee County and Milwaukee County Employes' Retirement System Pension Board, the cause was submitted on the brief of Scott W. Hansen, Steven P. Bogart, Joseph W. Voiland, and Amy L. Reichelt of Reinhart Boerner Van Deuren, S.C., Milwaukee.
On behalf of the defendant-respondent Employes' Retirement System of the County of Milwaukee, the cause was submitted on the brief of Emery K. Harlan, Elizabeth A. McDuffie, and Bethany McCurdy of Gonzalez, Saggio & Harlan, L.L.P., Milwaukee.
On behalf of the intervenor-defendant-respondent Milwaukee County District Council 48, AFSCME, AFL-CIO, the cause was submitted on the brief of Mark A. Sweet of Law Offices of Mark A. Sweet, LLC, Milwaukee.
On behalf of the intervenors-defendants-respondents Wisconsin Federation of Nurses and Health Professionals, AFT, AFL-CIO, Association of Milwaukee County Attorneys, Milwaukee County Fire Fighters' Association, Local 1072, IAFF, AFL-CIO, and Technicians, Engineers & Architects of Milwaukee County (TEAMCO), the cause was submitted on the brief of Jeffrey P. Sweetland of Hawks Quindel Ehlke & Perry, S.C., Milwaukee.
Before LUNDSTEN, P.J., DYKMAN and VERGERONT, JJ.
Court of Appeals of Wisconsin.
¶ 1 LUNDSTEN, P.J.
This is a class action brought against Milwaukee County and the Employes' Retirement System Pension Board alleging that changes to the Milwaukee County ordinances governing the retirement system constituted a taking of the class members' property interest without just compensation in violation of the Wisconsin Constitution. The suit was brought by Geoffrey Bilda and Virginia Schumann (collectively referred to as Bilda), individually and as...
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