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STATE EX REL. DICKAU v. CLARKE

No. 2005AP1388.

723 N.W.2d 141 (2006)

2006 WI App 186

STATE of Wisconsin ex rel. MILWAUKEE COUNTY PERSONNEL REVIEW BOARD, Petitioner-Respondent, Todd Dickau and Milwaukee County Deputy Sheriffs' Association, Intervenors-Petitioners-Respondents, v. David A. CLARKE, Jr., in his Capacity as Sheriff of Milwaukee County, Respondent-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed August 15, 2006.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of William J. Domina, corporation counsel by John Jorgensen, principal assistant corporation counsel of Milwaukee.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Richard J. Krill of Gonzalez, Saggio & Harlan, L.L.P., Milwaukee.

Before FINE, CURLEY and KESSLER, JJ.

¶ 1 KESSLER, J.

David A. Clarke, Jr., Milwaukee County Sheriff, appeals from an order granting a writ of mandamus ("Writ") ordering him to reinstate Todd Dickau as a Deputy Sheriff Sergeant. The Milwaukee County Personnel Review Board ("PRB") sought the Writ to enforce its order that Clarke did not have the authority to demote Dickau while Clarke's petition to demote Dickau was pending before the PRB. Clarke argues that the Writ should not have been granted because...

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