exhaustion of remedies doctrine (Wisconsin) · Go Syfert
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exhaustion of remedies doctrine in Wisconsin

11 Wisconsin opinions name it 3 courts 1966–2026 1 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.

Followed or applied (5)

CaseFollowedCited
Wisconsin Collectors Asso. v. Thorp Finance Corp.green
wis · 1966 · cited in 2 Wisconsin opinions naming this issue, 1986–2007
2 sentences

1986By the Court. — Order affirmed. 1 The hearing examiner identified himself at the hearing as being from "the Division of Natural Resources Hearings of the Department of Administration;" the caption on his order read "Division of Hearings and Appeals." 2 Technically, the doctrine propounded in Wisconsin Collectors Ass'n., 32 Wis. 2d at 44 , 145 N.W.2d at 36 , is the primary jurisdiction doctrine, not the exhaustion of remedies doctrine.

1986By the Court. — Order affirmed. 1 The hearing examiner identified himself at the hearing as being from "the Division of Natural Resources Hearings of the Department of Administration;" the caption on his order read "Division of Hearings and Appeals." 2 Technically, the doctrine propounded in Wisconsin Collectors Ass'n., 32 Wis. 2d at 44 , 145 N.W.2d at 36 , is the primary jurisdiction doctrine, not the exhaustion of remedies doctrine.

12
Collins v. Policanogreen
wisctapp · 1999 · cited in 1 Wisconsin opinions naming this issue, 2014–2014
2 sentences

2014See Collins v. Policano, 231 Wis. 2d 420, 435, 437 , 605 N.W.2d 260 (Ct. App. 1999) ("formal notice of the right to judicial review. .. need be given only in or with administrative decisions arising out of contested case proceedings"; and whereas the statute sets a deadline of thirty days for seeking judicial review of contested case proceedings, a six-month limitation applies for seeking review of noncontested case decisions).

2014See Collins v. Policano, 231 Wis. 2d 420, 435, 437 , 605 N.W.2d 260 (Ct. App. 1999) ("formal notice of the right to judicial review. .. need be given only in or with administrative decisions arising out of contested case proceedings"; and whereas the statute sets a deadline of thirty days for seeking judicial review of contested case proceedings, a six-month limitation applies for seeking review of noncontested case decisions).

11
Village of Thiensville v. Department of Natural Resourcesgreen
wisctapp · 1986 · cited in 1 Wisconsin opinions naming this issue, 2010–2010
1 sentence

2010Village of Thiensville, 130 Wis. 2d at 281-82 (footnote omitted). ¶ 20.

11
Nodell Investment Corp. v. City of Glendalegreen
wis · 1977 · cited in 1 Wisconsin opinions naming this issue, 1994–1994
2 sentences

1994See Nodell, 78 Wis. 2d at 427 n.13, 254 N.W.2d at 316 n.13 (if administrative procedure has begun, the primary jurisdiction rule does not apply).

1994See Nodell, 78 Wis. 2d at 427 n.13, 254 N.W.2d at 316 n.13 (if administrative procedure has begun, the primary jurisdiction rule does not apply).

11
Beal v. First Fed. Sav. & Loan Asso. of Madisongreen
wis · 1979 · cited in 1 Wisconsin opinions naming this issue, 1986–1986
2 sentences

1986See Beal v. First Federal Savings & Loan Association, 90 Wis. 2d 171, 198 , 279 N.W.2d 693, 705 (1979).

1986See Beal v. First Federal Savings & Loan Association, 90 Wis. 2d 171, 198 , 279 N.W.2d 693, 705 (1979).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Harris v. Reivitz green
wisctapp · 1987
2 sentences

2026On appeal, we acknowledged that the issues Harris raised in his reconsideration motion “relate[d] to” the exhaustion of remedies requirement, which was “the ground the [circuit] court relied on when dismissing [Harris’s] complaint.” Id.

2026Id. at 89 .

12026–2026
Kramer v. Horton green
wis · 1986
2 sentences

1987Id.

1987Id.

11987–1987
Kaiser v. City of Mauston green
wisctapp · 1980
1 sentence

1985Kaiser , 99 Wis.2d at 352 -54 .

11985–1985
Metzger v. Wisconsin Department of Taxation green
wis · 1967
2 sentences

1974Metzger v. Department of Taxation (1967), 35 Wis. 2d 119 , 150 N. W. 2d 431 . *636 Under the exhaustion of remedies doctrine the question is whether the circuit court abused its discretion in declining jurisdiction.

1974Metzger v. Department of Taxation (1967), 35 Wis. 2d 119 , 150 N. W. 2d 431 . *636 Under the exhaustion of remedies doctrine the question is whether the circuit court abused its discretion in declining jurisdiction.

11974–1974
Berlowitz v. Roach green
wis · 1947
2 sentences

1972The plaintiffs direct our attention to Berlowitz v. Roach (1947), 252 Wis. 61 , 30 N. W. 2d 256 ; S. D.

1972The plaintiffs direct our attention to Berlowitz v. Roach (1947), 252 Wis. 61 , 30 N. W. 2d 256 ; S. D.

11972–1972
Green v. Jones green
wis · 1964
1 sentence

1966Ed. (2d) 126: “ ‘Exhaustion’ applies where a claim is cognizable in the first instance by an administrative agency alone; judicial interference is withheld until the administrative process has run its course. ‘Primary jurisdiction,’ on the other hand, applies where a claim is originally cognizable in the courts, and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body; in such a case the judicial process is suspended pending referral of such issues to the ad

11966–1966

Where else courts name it

IL 88 (1969–2025) TX 74 (1986–2025) CA 53 (1960–2025) AZ 30 (1975–2022) NJ 29 (1958–2026) NY 15 (1974–2025) IN 14 (1981–2026) PA 13 (1980–2019) WI 11 (1966–2026) WA 11 (1953–2015) CT 11 (1990–2008) AL 10 (1983–2015) AK 9 (1982–2024) OH 8 (1986–2025) TN 8 (1992–2025) RI 8 (1983–2010) MO 8 (1995–2025) CO 7 (1981–2017) OK 7 (1990–2021) ND 7 (1991–2024) NM 6 (1963–2015) UT 6 (1992–2011) DC 5 (1975–2006) MI 5 (1983–1997) MD 4 (1983–2005) KY 4 (2001–2014) OR 4 (1993–2013) AR 4 (1991–2000) WV 3 (1992–2000) SD 3 (1977–2000) GA 3 (2005–2013) IA 3 (1997–2026) MN 2 (1984–2015) FL 2 (2008–2012) MT 2 (1987–2022) KS 2 (2011–2011) LA 2 (1993–2004) HI 2 (2007–2012) NE 2 (2009–2017)

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.

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