STATE EX REL. KAUL v. PREHN

No. 2021AP1673.

976 N.W.2d 821 (2022)

2022 WI 50

STATE of Wisconsin EX REL. Joshua L. KAUL, Plaintiff-Appellant, v. Frederick PREHN, Defendant-Respondent, Wisconsin Legislature, Intervenor-Defendant-Respondent.

Supreme Court of Wisconsin.

Opinion Filed: June 29, 2022.


Attorney(s) appearing for the Case

For the plaintiff-appellant, there were briefs by Gabe Johnson-Karp , Anthony D. Russomanno , and Colin A. Hector , assistants attorney general, with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Gabe Johnson-Karp .

For the defendant-respondent, there was a brief filed by Mark P. Maciolek and Murphy Desmond, S.C., Madison. There was an oral argument by Mark P. Maciolek .

For the intervenor-defendant-respondent, there was a brief filed by Ryan J. Walsh , John K. Adams and Eimer Stahl LLP, Madison. There was an oral argument by Ryan J. Walsh .

An amicus curiae brief was filed by Christa O. Westerberg and Pines Bach LLP, Madison, for the Humane Society of the United States and the Center for Biological Diversity.

An amicus curiae brief was filed by Scott B. Thompson , Jeffrey A. Mandell , Rachel E. Snyder , and Carly Gerads and Law Forward, Inc., Madison and Stafford Rosenbaum LLP, Madison and Summer H. Murshid and Hawks Quindel S.C., of counsel, Milwaukee for the America Federation of Teachers-Wisconsin.

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


¶1 This case is before the court on bypass pursuant to Wis. Stat. § (Rule) 809.60 (2019-20).1 We review an order of the Dane County circuit court,2 dismissing the State's complaint with prejudice.

¶2 The Attorney General, on behalf of...

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