In re Estate of Sharp, 217 N.W. 2d 258 (Wis. 1974),
in Wisconsin, Article VI, §3, of the state constitution provides that the powers and duties of the attorney general “shall be prescribed by law,” which has been construed by the state supreme court in a long line of cases to confer only those powers and duties granted by statute, thus specifically denying the existence of…
State v. City of Oak Creek, 2000 WI 9; 232 Wis. 2d 612; 605 N.W.2d 526 (Wis. 2000)
The city of Oak Creek, Wisconsin built a concrete channel in Crawfish Creek, a navigable waterway which flows through the city. The city’s action was found to have violated state laws relating to navigable waterways. The legislature then passed another bill providing that Oak Creek may not be required to remove any structure from Crawfish…
Flying J, Inc. v. Van Hollen, 597 F. Supp. 2d 848 (E.D. Wis. 2009)
The Attorney General was given notice that a plaintiff was challenging the constitutionality of the state’s minimum mark-up for gasoline sales in Wisconsin. The attorney general did not intervene in the case, but later sued the defendants for violations of the Act. The defendant argued that the Attorney General should be collaterally estopped because he…
State of Wisconsin v. Zien, 2008 WI App 153 (Wisc. Ct. App. 2008)
The Wisconsin Court of Appeals ruled that a former Attorney General has no authority to continue to litigate a case brought in his or her official capacity as the Attorney General. In addition, the Court of Appeals ruled that even if Lautenschlager was the orignial records requester and the Attorney General was enforcing her request,…
De La Trinidad v. Capitol Indem. Corp., 2009 WI 8, (Wis. 2009)
An Attorney General’s opinion is only entitled to such persuasive effect as the court deems the opinion warrants.”
