Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
16 Wisconsin opinions name it 3 courts 1972–2026 2 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Nodell Investment Corp. v. City of Glendalegreen2 sentences2010See id. at 426-27 . 2002Corp. v. City of Glendale, 78 Wis. 2d 416 , 427 n.13, 254 N.W.2d 310 (1977) (citation omitted). | 1 | 3 |
Metz v. Veterinary Examining Boardgreen2 sentences2021Metz v. Veterinary Examining Bd., 2007 WI App 220, ¶12 , 305 Wis. 2d 788 , 741 N.W.2d 244 ; see also Sawejka v. Morgan, 56 Wis. 2d 70, 79-80 , 201 N.W.2d 528 (1972); Nodell Inv. 2021See Metz, 305 Wis. 2d 788, ¶21 . 6 The exhaustion of administrative remedies doctrine, which applies where the administrative action has not been completed, and the primary jurisdiction doctrine, applicable when there has been no administrative proceeding, are related principles. | 1 | 2 |
Sawejka v. Morgangreen2 sentences2021Metz v. Veterinary Examining Bd., 2007 WI App 220, ¶12 , 305 Wis. 2d 788 , 741 N.W.2d 244 ; see also Sawejka v. Morgan, 56 Wis. 2d 70, 79-80 , 201 N.W.2d 528 (1972); Nodell Inv. 2021Metz v. Veterinary Examining Bd., 2007 WI App 220, ¶12 , 305 Wis. 2d 788 , 741 N.W.2d 244 ; see also Sawejka v. Morgan, 56 Wis. 2d 70, 79-80 , 201 N.W.2d 528 (1972); Nodell Inv. | 1 | 2 |
Hahner v. Board of Education Wisconsin Rapids, School District No. 1green2 sentences2002Wis. Rapids, 89 Wis. 2d 180, 192 , 278 N.W.2d 474 (Ct. App. 1979) ("Attorney General's opinion is only entitled to such persuasive effect as the court deems the opinion warrants."). 9 The doctrine of prior resort, or primary jurisdiction, is distinct from the doctrine of exhaustion of administrative remedies, álthough they are" 'complementary parts of a general principle which ordinarily serves to preclude judicial consideration of a question while there remains any possibility of further administrative action.'" Nodell Inv. 2002Wis. Rapids, 89 Wis. 2d 180, 192 , 278 N.W.2d 474 (Ct. App. 1979) ("Attorney General's opinion is only entitled to such persuasive effect as the court deems the opinion warrants."). 9 The doctrine of prior resort, or primary jurisdiction, is distinct from the doctrine of exhaustion of administrative remedies, álthough they are" 'complementary parts of a general principle which ordinarily serves to preclude judicial consideration of a question while there remains any possibility of further administrative action.'" Nodell Inv. | 1 | 1 |
Casteel v. Mc Caughtrygreen2 sentences1996Casteel v. McCaughtry, 168 Wis. 2d 758, 773 , 484 N.W.2d 579, 585 (Ct. App. 1992), aff'd in part, rev'd in part on other grounds, 176 Wis. 2d 571 , 500 N.W.2d 277 (1993). 1996Casteel v. McCaughtry, 168 Wis. 2d 758, 773 , 484 N.W.2d 579, 585 (Ct. App. 1992), aff'd in part, rev'd in part on other grounds, 176 Wis. 2d 571 , 500 N.W.2d 277 (1993). | 1 | 1 |
County of Sauk v. Tragergreen2 sentences1992The supreme court in Trager took particular note that "Trager is the reluctant defendant in a court action initiated by the administrative agency." Id. at 212 , 346 N.W.2d at 760 . 1992However, the court also cautioned that the exhaustion of administrative remedies doctrine "is a rule of policy, convenience, and discretion, not a rule regulating the jurisdiction of the court." Id. at 211-12, 346 N.W.2d at 760 (emphasis added). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Dairyland Power Cooperative
green
2 sentences1981State v. Dairyland Power Cooperative, 52 Wis. 2d 45, 54 , 187 N.W.2d 878 (1971), held the doctrine of exhaustion of administrative remedies does not apply to a public nuisance action of this kind. 1981State v. Dairyland Power Cooperative, 52 Wis. 2d 45, 54 , 187 N.W.2d 878 (1971), held the doctrine of exhaustion of administrative remedies does not apply to a public nuisance action of this kind. | 3 | 1972–1981 |
State Ex Rel. Mentek v. Schwarz
green
2 sentences2026Mentek v. Schwarz, 2001 WI 32 , 242 Wis. 2d 94 , 624 N.W.2d 150 , for the proposition that “the exhaustion doctrine should not be applied in a rigid, unbending way.” While that court identified an additional exception to the doctrine of exhaustion of administrative remedies, it did so under WIS. 2026Mentek v. Schwarz, 2001 WI 32 , 242 Wis. 2d 94 , 624 N.W.2d 150 , for the proposition that “the exhaustion doctrine should not be applied in a rigid, unbending way.” While that court identified an additional exception to the doctrine of exhaustion of administrative remedies, it did so under WIS. | 1 | 2026–2026 |
Fazio v. Department of Employee Trust Funds
green
2 sentences2005The doctrine of prior resort is similar to the exhaustion of administrative remedies doctrine, which requires that where a statute prescribes "a procedure for review of an administrative action and for judicial review of the administrative decision, the courts will consider that remedy exclusive and require that it be employed before other remedies." Fazio v. Dep't of Employee Trust Funds, 2002 WI App 127, ¶ 11 , ¶ 11 n.9, 255 Wis. 2d 801 , 645 N.W.2d 618 . 2005The doctrine of prior resort is similar to the exhaustion of administrative remedies doctrine, which requires that where a statute prescribes "a procedure for review of an administrative action and for judicial review of the administrative decision, the courts will consider that remedy exclusive and require that it be employed before other remedies." Fazio v. Dep't of Employee Trust Funds, 2002 WI App 127, ¶ 11 , ¶ 11 n.9, 255 Wis. 2d 801 , 645 N.W.2d 618 . | 1 | 2005–2005 |
Jackson v. Employe Trust Funds Board
neutral
2 sentences2002Because an administrative agency has only those powers that have been expressly granted by the legislature or are necessarily implied from the statute under which it operates, Jackson v. Employe Trust Funds Bd., 230 Wis. 2d 677, 688 , 602 N.W.2d 543 (Ct. App. 1999), we examine the statutes that govern DETF and the Board. ¶ 13. 2002Because an administrative agency has only those powers that have been expressly granted by the legislature or are necessarily implied from the statute under which it operates, Jackson v. Employe Trust Funds Bd., 230 Wis. 2d 677, 688 , 602 N.W.2d 543 (Ct. App. 1999), we examine the statutes that govern DETF and the Board. ¶ 13. | 1 | 2002–2002 |
Felder v. Casey
green
2 sentences1996Citing Felder v. Casey, 487 U.S. 131 (1988), [16] the trial court held that a state court may not require a complainant to exhaust state administrative remedies before bringing a § 1983 action unless the complainant falls under an exception to the exhaustion of administrative remedies rule. 1996Citing Felder v. Casey, 487 U.S. 131 (1988), 16 the trial court held that a state court may not require a complainant to exhaust state administrative remedies before bringing a § 1983 action unless the complainant falls under an exception to the exhaustion of administrative remedies rule. | 1 | 1996–1996 |
Casteel v. McCaughtry
green
2 sentences1996Casteel v. McCaughtry, 168 Wis. 2d 758, 773 , 484 N.W.2d 579, 585 (Ct. App. 1992), aff'd in part, rev'd in part on other grounds, 176 Wis. 2d 571 , 500 N.W.2d 277 (1993). 1996Casteel v. McCaughtry, 168 Wis. 2d 758, 773 , 484 N.W.2d 579, 585 (Ct. App. 1992), aff'd in part, rev'd in part on other grounds, 176 Wis. 2d 571 , 500 N.W.2d 277 (1993). | 1 | 1996–1996 |
McCarthy v. Madigan
red
2 sentences1993McCarthy v. Madigan, 503 U.S. —, 112 S. Ct. 1081 (1992). 1993McCarthy v. Madigan, 503 U.S. —, 112 S. Ct. 1081 (1992). | 1 | 1993–1993 |
United States v. Thomas D. Gaertner
green
1 sentence1985Id. at 311 . 8 The state urges that we apply the exhaustion of administrative remedies doctrine to avoid reaching the constitutional issue. | 1 | 1985–1985 |
Jefferson County v. Timmel
green
2 sentences1980Referring to the language of the city zoning authority, including provisions virtually identical to sec. 59.99 (4), (7)(a), Stats., the court held that the property owner was required, under the doctrine of exhaustion of administrative remedies, to appeal the subject decision to the city zoning board of appeals, quoting Jefferson County v. Timmel , 261 Wis. 39 , 63-64 , 51 N.W.2d 518 (1952), as follows: [I]f a zoning ordinance provides for an appeal to a board of adjustment created pursuant to a statute similar to sec. 59.99 from an adverse ruling of an administrative officer or board in admin 1980Referring to the language of the city zoning authority, including provisions virtually identical to sec. 59.99 (4), (7)(a), Stats., the court held that the property owner was required, under the doctrine of exhaustion of administrative remedies, to appeal the subject decision to the city zoning board of appeals, quoting Jefferson County v. Timmel , 261 Wis. 39 , 63-64 , 51 N.W.2d 518 (1952), as follows: [I]f a zoning ordinance provides for an appeal to a board of adjustment created pursuant to a statute similar to sec. 59.99 from an adverse ruling of an administrative officer or board in admin | 1 | 1980–1980 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.