APPLEGATE-BADER FARM v. DEPT. OF REVENUE

No. 2018AP1239.

955 N.W.2d 793 (2021)

2021 WI 26

APPLEGATE-BADER FARM, LLC, Plaintiff-Respondent-Cross-Appellant-Petitioner, v. WISCONSIN DEPARTMENT OF REVENUE and Richard Chandler in his capacity as Secretary of the Department of Revenue, Defendants-Appellants-Cross-Respondents.

Supreme Court of Wisconsin.

Opinion Filed: March 16, 2021.


Attorney(s) appearing for the Case

For the plaintiff-respondent-cross-appellant-petitioner, there were briefs filed by Ryan L. Woody , Catherine Dowie , and Matthiesen, Wickert & Lehrer, S.C., Hartford. There was an oral argument by Ryan L. Woody.

For the defendants-appellants-cross-respondents, there was a brief filed by Anthony D. Russomanno , assistant attorney general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Anthony D. Russomanno.

An amicus curiae brief was filed on behalf of Midwest Environmental Advocates, Madison, by Adam Voskuil , and Clean Wisconsin , Madison, by Evan Feinauer.

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


¶1 We review a decision of the court appeals1 that affirmed the circuit court's2 grant of summary judgment to the Department of Revenue (the Department) against Applegate-Bader Farm, LLC (Applegate). As it relates to this appeal, the circuit court and...

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