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WI SMALL BUSINESSES UNITED v. BRENNAN

No. 2019AP2054-OA.

946 N.W.2d 101 (2020)

2020 WI 69

WISCONSIN SMALL BUSINESSES UNITED, INC., Amy Dailey, Larry Gierach, Doug Hustedt, Sandi Vandervest and Tom Vandervest, Petitioners, v. Joel BRENNAN, in his official capacity as Secretary of the Department of Administration, Peter Barca, in his official capacity as Secretary of the Department of Revenue and Carolyn Standford Taylor, in her official capacity as Acting Wisconsin Superintendent of Public Instruction, Respondents,

Supreme Court of Wisconsin.

Opinion Filed: July 10, 2020.

Attorney(s) appearing for the Case

For the petitioners, there were briefs filed by Mike B. Wittenwyler , Kendall W. Harrison , Zachary P. Bemis , and Godfrey & Kahn, S.C., Madison. There was an oral argument by Kendall W. Harrison.

For the respondents there was a brief filed by Colin Roth , assistant attorney general, and Hannah S. Jurss , assistant attorney general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Colin Roth.

HAGEDORN, J., delivered the majority opinion of the Court, in which ROGGENSACK, C.J., ANN WALSH BRADLEY, ZIEGLER, and DALLET, JJ., joined. REBECCA GRASSL BRADLEY, J., filed a dissenting opinion, in which KELLY, J., joined.

¶1 This is an original action challenging whether two partial vetoes in the 2017-19 biennial budget exceeded the governor's constitutional authority. While the respondents defend the vetoes on their merits, they also contend this challenge is too late and should be barred by the equitable doctrine of laches. We agree that...

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