Briefs: WI Supreme Court accepts 8 new cases+.

• Author: Ziemer, David

Byline: David Ziemer

Supreme Court accepts eight new cases

The Wisconsin Supreme Court has voted to grant review in eight new cases. The case numbers and issues are as follows:

98-2795 J.O. Norquist v. C. Zeuske

Note: Justice David Prosser Jr. is not participating in this case.

Issues: Does the freeze on assessments of agricultural land created by Wis. Stat. s. 70.32(2r) violate the Uniformity Clause of the Wisconsin Constitution, Art. VIII, Sec. 1?

98-3107 State v. R.G. Sorenson

Issues: Does the doctrine of issue preclusion prohibit the respondent in a Chapter 980 (sexual predator) proceeding from presenting evidence alleging innocence of the underlying sexual offense? If it does, are there any circumstances under which the respondent in a Chapter 980 proceeding can challenge a judgment of conviction in the underlying sexual offense action?

99-2306 ABKA Ltd. v. Wis. Dept. of Natural Resources

Note: Justice Jon P. Wilcox is not participating in this case.

Issues: Does a person who files a permit application thereby waive all objections to the permitting agencys jurisdiction - even where the applicant and the agency have expressly agreed that a permit proceeding is the best way to resolve a jurisdictional dispute and the applicant could challenge the agencys jurisdiction in that proceeding?

Was the DNR obliged to deny, as inconsistent with the public trust doctrine, an application for a permit authorizing the maintenance of boatslips by the owners of dockominiums, where under the condominium-style agreement each unit owner is assigned the right to use a specific slip subject to the rights of the members of the public and the State of Wisconsin under Wisconsin law and subject to permits issued by the State of Wisconsin?

Has the Legislature given the DNR authority in Wis. Stat. s. 30.12 to require the owner of a permitted marina to apply for a new permit solely because of a change in the form of ownership of the property to condominium?

00-0467 State v. T.L. Rachel

Note: Justice David Prosser Jr. is not participating in this case.

Issues: Does Wis. Stat. s. 980 (1999-2000), as amended by 1999 Wis. Act 9, violate the due process, double jeopardy or ex post facto clauses of the Wisconsin and U.S. Constitutions?

Is the proper framework for the analysis of a double jeopardy claim in Wisconsin set forth in State v. Carpenter, 197 Wis. 2d 252, 541 N.W.2d 105 (1995), or in a U.S. Supreme Court case, Hudson v. United States, 522 U.S. 93 (1997)?

00-3252 R. Mallo v. Wis. Dept. of Revenue

Note: Justices Jon Wilcox and David Prosser Jr. are not participating in this case.

Issues: Did the Dept. of Revenue exceed its authority in promulgating a rule providing for the immediate transition to agricultural use value assessment for agricultural land when the 1995 legislation, Wis...